The High Court of Kenya has convicted Interior CS Fred Matiang’i, Immigration PS Gordon Kihalangwa, and IG Joseph Boinnet for contempt of court. Justice George Odunga ordered the three senior Jubilee regime officials to appear before court on Thursday at 10am for sentencing.
The Court further ordered that NRMKe leader and reknown international barrister General Miguna Miguna be released unconditionally and to appear before court at 10am.
Justice Odunga said if the state officials fail to release the lawyer forthwith, the court will not grant them audience when they appear.
“Having considered the issues raised before me, the matter before me is no longer a dispute between the parties but a matter of the court,” Justice Odunga said.
“The respondents are contemptuous and they are convicted accordingly. They should appear before this court at 10am for sentencing.”
The three officials failed to release the self-declared NRMKe general for appearance before Justice Aburili at 9am on Wednesday as was directed by the high court on Tuesday afternoon.
“If they fail to appear, I will proceed with the sentencing in their absence,” Justice Odunga said
Miguna was detained at JKIA on Monday on grounds he did not have a passport granting him entry into Kenya from Canada where he was deported last month.
Judge Odunga said the respondents have not provided any clear reason as to why they cannot be held in contempt of court and have instead decided to go in hiding.
He said that unless they are compelled to do so, “the respondents are not prepared to obey the orders and they must be punished for their actions.”
The judge further ordered that Miguna must under no circumstances be released from the jurisdiction of the court.
Odunga said: “Court orders are not subject to the interpretation of the Executive. The laws are not silent. They may be changed but they speak the same language.”
“Courts are not guided by ministers or political popularity; courts are guided by law and law alone. Court orders must be obeyed,” he ruled.
The three officials had earlier ignored another order requiring them to appear in court in person for the case. The lot sent representatives instead.
The judge further agreed to a request by Miguna’s lawyers to have the DPP serve the three with the court order.
Miguna’s lawyers had requested that the three be jailed for six months and fined Sh200,000 for contempt.