Miguna case: High Court summons Matiang'i and Boinnet

The High Court has now ordered three senior government officials to appear in court in person this afternoon over Dr Miguna Miguna’s citizenship case.

Justice George Odunga on Wednesday said Interior Cabinet Secretary Fred Matiang’i, Director of Immigration Gordon Kihalangwa, and Inspector-General of Police Joseph Boinnet should appear before him at 2pm.

REVIEW

During the court session, lawyers for Dr Miguna and the government clashed over continued detention of the lawyer at JKIA.

This was after State Counsel Charles Muyinda sought the court’s audience to have orders for Dr Miguna's release reviewed.

He argued that the orders granted on Tuesday were given "without full disclosure of facts", and that Dr Miguna is still being held at JKIA because he is yet to be processed.

He argued that JKIA is “a no man's land” and the fiery lawyer is technically yet to step on Kenyan soil.

He said there is no arrogance on the part of the state officials with regards to complying with court orders on the Nasa activist's release.

He wanted the matter heard in the afternoon to allow him present filed responses explaining reasons as to why Dr Miguna has not been allowed to appear in court as ordered.

He insisted that government is acting in compliance with Justice Enoch Chacha Mwita's order, who directed that Dr Miguna return to Kenya after he was illegally deported to Canada.

But James Orengo, for Dr Miguna, wanted the government denied audience, citing contempt.

RULING

He said the court ordered the state to deposit Dr Miguna's passport but they surrendered a perforated one.

He said court orders must be obeyed.

“It is not for one, mighty or small, status in society or not, to choose which orders to obey and which ones not,” he said.

In his ruling, judge Odunga also ordered that the sued parties in the case facilitate Dr Miguna Miguna's safe passage to court before that time.

"It is not in doubt that the order to produce Dr Miguna in court today was served, the issue of processing him does not arise and there's nothing which convince me that there is a difficulty in bring him," ruled Justice Odunga.

He added: "for avoidance of doubt the orders issued yesterday by Justice Roselyn Aburili must be complied with before 2.30pm when the matter comes up this afternoon." 

The judge pointed out that unless the order to have him produced in court is complied with, the case cannot proceed to inter-party hearing.