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Court directs IG and DCI to swear affidavits in Miguna's case

By Faith Karanja | Published Thu, February 8th 2018 at 00:00, Updated February 7th 2018 at 23:52 GMT +3
Directorate of Criminal Investigation (DCI) George Kinoti during a swearing in ceremony at the Supreme court on 19th January 2017. [Photo by Wilberforce Okwiri/Standard]

A High Court judge wants police chief Joseph Boinett to explain why he should not be punished for disobeying an order to appear in court.

Also accused of contempt of court were Directorate of Criminal Investigations (DCI) boss George Kinoti and Director of Immigration Gordon Kihalangwa.

The court had ordered them to produce National Super Alliance (NASA) politician Miguna Miguna in court but they did not.

Mr Boinett and Mr Kinoti were later required to appear in court to explain why they had not produced the lawyer. This order was also ignored.

Took custody

Mr Kihalangwa was expected to appear in court to explain why he took custody of Miguna when the politician was in the hands of the court.

The three had also been directed to appear in court personally during the hearing of a case in which 10 lawyers wanted the police to present Miguna in court or release him.

Yesterday, Justice Luka Kimaru warned Government officials against defying court orders.

“Public officials should respect the law. The IG and DCI boss should file affidavits to show cause why they should not be punished for disobeying the law,” said Mr Kimaru.

State counsel Duncan Ondimu said Kinoti could not appear in court as he was handling sensitive security matters, but had sent a representative.

However, Mr Ondimu said Saidi Kiprotich, head of the Flying Squad police unit who was scheduled to represent his boss, did not respond to WhatsApp messages he sent informing Mr Saidi of the said orders.

He said the Immigration Department took custody of Miguna as a prohibited immigrant.

“This followed an order by Interior Cabinet Secretary Fred Matiang’i on February 6, 2018,” said Ondimu.

The lawyer said Miguna had left the country using a Canadian passport. He said the Immigration Department was still investigating him.

The prosecution said Kinoti and Kiprotich should not be cited for contempt as Miguna was not in DCI custody.

But John Khaminwa, who is among 10 lawyers representing Miguna, insisted that the Government should produce him in court.

"No one is above the law. That is why the Government should not disobey a court order. The Flying Squad should avail him in court," said Mr Khaminwa.

“The police must comply with the orders of the court. They should not tell us another order by another department had been issued.

"The Director of Public Prosecutions must have been aware of Justice Kimaru's orders and must have also been aware of the steps that were being taken by the immigration officer."

Lawyer James Orengo said the Government had no option but to produce Miguna in court.

“Failure by the public officers to obey the law should be punishable. I also suffered during the the old regime when my passport was taken. This was a violation of my rights,” said Mr Orengo.

Lose citizenship

"The law is clear that a person does not lose his citizenship by acquiring another country's citizenship. Miguna was born in Kisumu; he is Kenyan."

Orenge said Boinett and Kinoti must appear before Kimaru and explain why Miguna had not been presented in court.

“We do not care whether Miguna is in Kenya. It is about whether the police are complying with the court order or not,” he said, adding that Miguna was not accorded a fair trial before he was deported to Canada.

"The court, being a protector of the law, should intervene."

Mutula Kilonzo Jr said: "The position taken by the prosecution is nothing but a lie because the court granted anticipatory bail.

"The process of deporting any individual should be done according to the law. If Miguna was cleared to vie for the Nairobi governorship, he cannot be said not to be a Kenyan citizen,” said Mr Kilonzo.


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