The High Court in Nairobi has ordered Interior Cabinet Secretary Fred Matiang’i and Immigration Principal Secretary Gordon Kihalangwa to jointly pay lawyer Miguna Miguna Sh7.2 million from their pockets.
In granting the orders, Justice Chacha Mwita said taxpayers will not bear the burden for the pair’s illegal actions early this year.
“Where overzealous civil servants act beyond the law, it is not for the taxpayers to bear the burden,” ruled justice Mwita.
Miguna got into bad books with the State’s agencies after swearing in then National Super Alliance presidential candidate Raila Odinga as “the Peoples’ President” at Uhuru Park on January 30.
The CS and PS have been surcharged by the court twice over the Miguna arrests and deportation saga.
Justice George Odunga drew the first blood on March 29 when he required Sh200,000 be slashed from their monthly pay for failing to produce Miguna in court as had been ordered.
Aggrieved, they contested the orders before the Court of Appeal.
The contempt fine case will be heard next week.
Yesterday, Justice Mwita said even if the government and its agencies hated Miguna, it ought to have at least brought him before a court to obtain extradition orders.
He found that although the government’s contention was that he had not reapplied for citizenship after the 2010 Constitution was promulgated, his birthright could not be taken away by his Canadian citizenship application.
Justice Mwita said that the State can only take away citizenship if it was obtained through registration.
The judge also quashed a declaration that NRM was an outlawed movement. He said there was no proof its activities were illegal.
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