Anthony Mwangi and Paul Muhoho @PeopleDailyKe
Interior Cabinet secretary Fred Matiang’i yesterday hit hard at a section of the Judiciary that he claimed had been captured by activist lawyers and civil society to frustrate the Executive.
Matiang’i said, although there were good and committed judges, there exists a clique working in cohorts with civil society groups to discredit the Executive.
“There are five judges in competition to see who will emerge a hero in discrediting the State. The Miguna Miguna saga is a good case in point about how the clique is operating,” the CS told a parliamentary committee.
“There is a certain clique of judicial officers who have gotten into an ‘unholy relationship’ with a clique of the Opposition activists to derail the government,” said Matiang’i.
He added: “It is like there is a race over which judicial officers will injunct the government, and the higher the officer maybe the better.”
The CS, who appeared before the National Assembly Security and Administration Committee, said the executive has already prepared a petition to be presented to the Judicial Service Commission (JSC) by the Attorney General to formally complain about the conduct of the judges.
Recalling the events that took place last week involving the Miguna saga, the CS cited a judge who was handling the case as having refused to hear the AG on Wednesday, “only to issue orders later that I, the Inspector General of Police and the Principal Secretary Immigration appear before him, but we would not be heard”.
“He wanted us to appear for a humiliation parade, to drag us by the collar and humiliate us,” Matiang’i told the committee. “We have filed a complaint through the AG to the JSC on how this matter was heard.
We cannot be contemptuous of a court order we have not been served with,” Matiang’i, who was accompanied by IG Joseph Boinnet and Immigration PS Gordon Kihalangwa, asserted.
He told the committee chaired by Kiambaa MP Paul Koinange orders given by the courts on the Miguna case were ex-parte. “We cannot be condemned unheard. We have appealed those decisions,” he added. Defending the State’s action on the Miguna saga, the CS said every action was in compliance with Immigration laws. “No one is exempt.
The Pope had his passport stamped on entry. President (Barack) Obama had his passport stamped on entry. Even President Uhuru Kenyatta had his passport stamped on entry last night on arrival from Mozambique,” Matiang’i explained.
He denied claims by Miguna and his lawyers that the government confiscated his Canadian passport, saying the lawyer was now bragging that he had refused to hand over the document. On harassment of journalists by police, Matiang’i said: “The JKIA incident was unfortunate.
We have the highest number of foreign reporters in Nairobi. We will have challenges but we will keep resolving them,” he said in reference to Nyeri Town MP Ngunjiri Wambugu plea that the State issues a public apology to the media.
Matiang’i tabled a file showing how the Minister for Immigration Otieno Kajwang unprocedurally issued Miguna a Kenyan passport. “You will see it was full of fraud.
In fact, we should have charged Miguna with fraud,” he said. He said his office even liaised Foreign Affairs CS Monica Juma who convinced the Canadian High Commissioner to intervene hoping that Miguna would trust them to hand over his Canadian passport.
Miguna instead refused and tore the papers. “Miguna was free to sign the document regularising his citizenship any day, any time. It is as simple as that,” added Matiang’i.