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Intrigues in enforcing Sh200,000 fine against CS Matiang'i, PS Kihalangwa and Boinett Court

By Standard Team | January 9th 2020

The National Police Service Commission (NPSC) denied that former Inspector General of Police Joseph Boinnet was its employee when the Judiciary sought its help to enforce a Sh200,000 surcharge for his failure to obey court orders.

And the National Treasury never replied to requests by Court Deputy Registrar L.A Mumassabba regarding Interior Cabinet Secretary Fred Matiang’i and former Director of Immigration (now PS Public Works) Gordon Kihalangwa, who were also required to pay Sh200,000 for disobeying orders to allow Miguna Miguna into the country.

Correspondence filed in court reveals that Mumassabba wrote to NPSC chief executive Vincent Onyango on April 17, 2018, and explained that Justice George Odunga had ordered that the amount should be deducted from Boinnet’s April salary and remitted to the court.

The NPSC received the letter on April 23 and replied four days later.

“We acknowledge receipt of the above-referenced letter. We would, however, like to draw your attention that the Inspector General, being a State Officer, his salaries are not processed by the National Police Service Commission and as such we are unable to comply with your directive pursuant to the court order,” said Mr Onyango.

The deputy registrar also sent the court order to the National Treasury Principal Secretary seeking him to enforce the directive.

The court surcharged the three officials after they failed to produce the controversial lawyer in court. The judge then gave them an opportunity to explain why the order was not complied with but a State lawyer explained that on that day, they were attending a passing-out parade for GSU officers.

They moved to the Court of Appeal and sought to stay the orders but justices Roselyn Nambuye, Patrick Kiage and Kathurima M’inoti dismissed their application.

“We do not see how the return of Miguna portends a clear and present danger of social upheaval or a breakdown of law and order. Beyond the possibility that those whose acts were invalidated by the learned judge may suffer some embarrassment, we are unable to discern any real loss or prejudice,” the judges ruled.

They continued: “Moreover, there is nothing irreversible that could occur as a result of those orders subsisting while the appeals intended are processed, prosecuted and decided by this court. If anything, there is something to be said about a Kenyan-born litigant being accorded the opportunity, consistent with his right to a fair trial, to return to the country of his birth and attend to the cases filed by and against him.”

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