The Interior Cabinet secretary is among three top officials who will be sentenced today as the High Court cracks the whip on the Government for detaining lawyer Miguna Miguna in defiance of its orders.
Justice George Odunga, while convicting CS Fred Matiang’i, Inspector General of Police Joseph Boinnet, and former Director of Immigration (now Interior PS) Gordon Kihalangwa, said the war was no longer between the parties but had reached a level where judicial powers were on trial.
“There is no immunity for impunity; a time has come when the courts must lift the veil against those who act with impunity in disobeying it. No man is above the law. The Government officials cannot be allowed to catwalk around while disobeying court orders,” said Odunga.
The judge singled out Matiang’i as perennially acting with impunity in disobeying court orders, saying it was not the first time the CS was being found guilty of contempt.
According to the judge, it was not up to senior Government officials to choose which orders to obey and which ones not to.
Fresh orders
“The court has been left babysitting its orders while those the orders were directed to, to release Miguna, are catwalking with their duties, unperturbed. We can no longer tolerate them since they have shown intent to continue disregarding the court,” ruled the judge.
In the event that Matiang’i, Boinnet, and Kihalangwa fail to appear in person in court this morning at 10am for the sentencing, the judge said he would proceed to make the decision in their absence.
The three could be jailed for a maximum six months, fined Sh200,000 each, or both the jail term and the fine, as provided under the Penal Code for persons convicted of contempt of court.
The judge issued fresh orders stopping the Government from deporting Miguna and directed that he be released and that his lawyers be given access to him.
“Under no circumstances should Miguna Miguna be removed from the country and must be presented in this court today at 10am. His lawyers must also be given unrestricted access to where he is being detained at the airport,” said Odunga.
Wrong signal
He directed that unless the Government officials released Miguna, he would not grant them audience before the court, meaning they would not have an opportunity to challenge the conviction.
Odunga held that the three Government officials had been sending the wrong signal to the public, which is likely to emulate them and start disregarding the courts.
He said even after he gave them an opportunity to come to court to explain their actions and why they should not be convicted for contempt, Matiang’i, Boinnet, and Kihalangwa chose to go into hiding, claiming that they were attending a passing-out parade for GSU officers. Matiang’i and Boinnet were with President Uhuru Kenyatta yesterday at the function in Embakasi.
“If we allow them to continue with impunity then we judges, being the temple of justice, will be encouraging them. Their actions have created anxiety among the public because they are behaving as if they are in competition with courts as to who wields more power,” said the judge.
He added: “He who leaves the court with an order must be assured that it will be effected unless it is overturned. Unless and until the court varies those orders, they have disobeyed the court and in the circumstances cannot have audience before the court,” said Odunga.
Justice Roseline Aburili on Tuesday ordered that Miguna be released and presented in court on Wednesday, but the officials failed to produce him.
