The High Court yesterday fined Interior CS Fred Matiang’i, Inspector General of Police Joseph Boinnet and Immigration boss Gordon Kihalangwa Sh200,000 each for contempt of court over the Miguna Miguna standoff.
Justice Odunga, while pronouncing the sentence, ruled that the fines be deducted from their next salary and ordered the Registrar of the High Court to ensure the payments are executed as per the court order.
“l find that the respondents, Interior CS Matiang’i, IG Boinnet and Immigration PS Kihalangwa are in contempt of several orders issued on Wednesday and I fine them Sh200,000 each for contempt of court, penalties to be deducted from their salaries of next month,” he ruled.
In his ruling, the judge said he was surprised that the respondents did not appear in court or even get in touch with counsel Charles Mutinda representing the Attorney General.
“The respondents have exhibited unimaginable contempt for this court,” ruled the judge. Odunga further said Mutinda’s situation had been made difficult by the conduct of his clients by not getting in touch with him. “I am not prepared to believe they are not aware of these orders.
If they have knowledge of it, then they should not occupy the positions they occupy,” said the judge. Odunga said the three senior officers are in charge of the security of the country and of executing lawful orders but noted it was clear they won’t obey his orders.
He further noted that it was unlikely any of the officers below them would dare hold them in custody even when the court makes various orders.
“The respondents are in charge of the security of our country. They are in charge of executing orders. It’s clear they won’t abide with these orders.
None of their juniors will execute warrants of arrest either,” said the judge. “The three State officers are in violation of Article 10 of the Constitution on National values and principles of governance,” said Odunga.
Justice Odunga had directed that Miguna be released unconditionally and be left to the court’s jurisdiction, but he was deported on Wednesday night back to Canada via Dubai.
Miguna’s lawyers led by Senator James Orengo, John Khaminwa and Cliff Ombeta asked the court to impose stiff punishment by jailing the three for contempt for failing to attend court.
“I pray that each act of disobedience be treated separately. For each, I urge you to mete out the maximum custodial sentence,”said Orengo. The lawyers also asked that the Attorney General be found in contempt and be barred from practising in superior courts.
Mutinda, the AG’s lawyer, in his reply said he was surprised by the application of Khaminwa to have him committed to civil jail for doing his work as an officer of the court.
He said the application to have him committed to jail was an attempt to intimidate him and a violation of his rights. Miguna’s lawyers described him as a resistance movement leader with dual Kenyan and Canadian citizenship.
The lawyers urged the judge to order custodial sentence for the three at Kamiti Maximum Security Prison Orengo informed the court a communique was recently signed in public between President Uhuru Kenyatta and Opposition leader Raila Odinga with the two leaders vowing to faithfully adhere to to the rule of law.
Miguna was fist deported to Canada shortly after the mock oath taken by Nasa leader Raila Odinga on January 30. He had declared himself the leader of the then proscribed National Resistance Movement and dared police to arrest him, saying he had administered the oath on Raila.
He was arrested and deported aboard KLM airline via Amsterdam, but he returned last Monday aboard an Emirates flight. He was deported against to Canada via Emirates on Thursday night.