By Paul Ogemba |
February 21st 2018 at 12:00:00 GMT +0300
Inspector General of Police Joseph (IG) Boinnet and Director of Criminal Investigations (DCI) George Kinoti have filed an appeal to save their jobs over the deportation of politician Miguna Miguna to Canada.
Mr Boinnet and Mr Kinoti in the urgent application filed at the Court of Appeal argued that their positions are at risk following the findings of Justice Luka Kimaru that they were in contempt of court.
“The applicants being state officers are at real risk of being removed from office in view of the decision of the High Court that they committed a criminal offence. They believe that their right to fair trial will be violated if the Court of Appeal does not intervene,” said lawyer Kioko Kilukumi.
They want the Appellate Court to suspend the High Court order that they deposit Miguna’s passport and restore his status as a Kenyan citizen before he was deported to Canada on February 6.
In his affidavit to support the appeal, Boinnet swore that the High Court judge should have summoned him to court to defend himself against the contempt instead of issuing the orders in his absence.
According to the IG, the adverse findings have affected his integrity as a top police officer and fears any person can initiate the process of his dismissal when he was not accorded a fair hearing by the judge.
“The findings were about my personal liability to a criminal offence and a direct attack on my personal reputation and integrity as a state officer. Being a person facing a criminal offence of contempt, I was entitled to be presumed innocent but the judge did not give me a chance,” he swore.
Mr Kinoti also swore that his job is on the line unless the Court of Appeal intervenes to suspend the High Court decision.
Their main argument is that they were not heard before the High Court, and that the appeal will be overtaken by events if the seven days given by the High Court to produce Miguna’s passport reaches before the Court of Appeal hears the dispute.
Justice Luka Kimaru last week ruled that the decision to declare Miguna a non-Kenyan citizen and the subsequent deportation to Canada was null, void and had no legal effect.
The judge ordered the Government to restore Miguna’s status as a Kenyan citizen as at 3PM on February 6 just before he was stripped of the right and deported to Canada.
He also ordered the Government to deposit Miguna’s Kenyan passport in court within seven days and the police to file a written undertaking of producing the politician in court as earlier directed.
The judge found Boinnet and Kinoti guilty of contempt of court but instead of sentencing them to six month jail or imposing the maximum Sh200,000 fine, he directed the two to bring back Miguna and have his status as a Kenyan citizen restored.
He said that as the two top police officers who are part of the criminal justice system, they should be at the forefront in obeying court orders.