Inspector General of Police Joseph Boinnet and Director of
Criminal Investigations (DCI) George Kinoti now want to be exempted from
presenting themselves in court on Friday in a case involving fiery Nasa
lawyer Miguna Miguna.
The IG and the
DCI were expected to appear in court following orders issued by High
Court Judge Luka Kimaru following the deportation of Dr Miguna on the
day he was expected to be presented before court as well as be released
from police custody.
Justice Kimaru
had ordered that Mr Boinnet and Mr Kinoti appear in person before him to
explain how Dr Miguna was handed over to immigration officials who
oversaw his deportation.
SWEAR AFFIDAVIT
The
judge had also ordered Director of Immigration Gordon Kihalangwa to
also swear and file an affidavit explaining under what circumstances his
office took custody of the Nasa activist to deport him in blatant
defiance of an existing order that he be produced before the High Court.
However
in a letter written to the court from the Office of the Director of
Public Prosecutions (ODPP) signed by Principal State Counsel Duncan
Ondimu, the two want to be excused from attending court as ordered.
“Based on the three detailed affidavits filed
by Mr Boinnet, Mr Kinoti and Mr Kihalangwa, it is our submission that it
is not necessary for the IG and DCI to appear before this court on
February 15,” said Mr Ondimu.
CRUCIAL MEETING
According
to Mr Ondimu, the IG and the DCI will be attending a crucial National
Security Council meeting on the said date besides the fact that they
have already filed affidavits as ordered by the judge.
He
also pointed out that the Law Society of Kenya will be holding
demonstrations on the same date calling on public officers to respect
court orders.
He further said that
rights of the two security bosses would be infringed on that day since
LSK would be going on with its demos yet the duo holds the entire
Judiciary in high esteem.
He
therefore requested the judge to consider the matter as already
finalised since Dr Miguna has filed a constitutional suit against them
challenging his deportation.
The letter is addressed to the Registrar of the High Court’s criminal division and was filed on Tuesday.
DENIED DISOBEYING ORDERS
In
separate affidavits filed in court last Friday, the three top bosses
all denied disobeying orders of the court with regard to arrest,
detention and deportation of the National Super Alliance activist.
They
also claimed that investigations led to the deportation of Dr Miguna
following a directive issued by the Interior Cabinet Secretary Fred
Matiang’i on February 6.
Even though
they are all aiming at evading being blamed for any wrong doing, their
affidavits have instead put them on the spot since Mr Boinnet blamed
immigration officers of re-arresting the Nasa lawyer and having him
deported.
But whilst he washes his
hands, Mr Kihalangwa disclosed that the Nasa activist was arrested at
6pm within the precincts of Inland Container Depot, Embakasi following
investigations and a directive issued on the same day he was deported.
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