Matiang'i, Boinnet and Kihalangwa fined Sh200,000

IG Joseph Boinnet, Interior CS Fred Matiang'i and Immigration PS Gordon Kihalangwa. High Court judge George Odunga on March 29, 2018 ordered them to each pay Sh200,000 fine for contempt of court over lawyer Miguna Miguna's detention. PHOTO | FILE | NATION MEDIA GROUP 

In Summary

• The money should be deducted from their salaries, the judge ordered.
• They were convicted on Wednesday for contempt of court.

By MAUREEN KAKAH
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The High Court has spared three top officials from jail and instead fined them Sh200,000 each for disobeying orders relating to the release of fiery lawyer Miguna Miguna.

The lawyer was deported on Wednesday night despite orders to produce him in court.

This is the second time the lawyer has been deported despite the court issuing orders requiring him to be presented in court.

ORDERS

Justice George Odunga, who was to sentence Interior Cabinet Secretary Fred Matiang’i, Immigration Principal Secretary Gordon Kihalangwa and Inspector-General of Police Joseph Boinnet for contempt of court, ruled that the money should be deducted from their salaries.

“The respondents are to each pay Sh200,000 personally from their salaries; the deputy registrar to ensure the payment is effected,” said Justice Odunga.

The three officials had been summoned to appear before court over Dr Miguna’s detention but they did not.

They were required to explain the continued detention of Dr Miguna at the Jomo Kenyatta International Airport (JKIA) and failure to produce him in court.

They were convicted on Wednesday for contempt of court and were again summoned to appear for sentencing on Thursday morning.

But State lawyer Charles Mutinda said he could not find the three officials to inform them of the summons.

LAW

The judge said that the matter before him was only related to contempt. And even though their disobedience showed to a greater extent that they were not suitable to hold office, he could not issue such a declaration against them in the proceedings.

“If they are unable to obey orders widely publicised, it is not proper for them to be in office yet their positions are of high importance of this country,” the judge said.

“Courts must reflect the rule of law, stamp authority and contribute to principles of governance but the three have not adhered to their oath of office and have acted in a manner which does not aspire any confidence.”

The judge said that he could not even issue warrants of arrest against them as the three are in charge of security in the country, and are most likely to disobey junior officers if they were to be placed before them.

The judge also spared State lawyer Charles Mutinda from punishment despite earlier pleas by Mr Miguna’s lawyers.

“Mr Mutinda’s efforts were made difficult by his clients. I am however not prepared to elevate his conduct.

“I am however also not admitting that his clients were unaware of these proceedings,” said Justice Odunga.

MIGUNA MIGUNA

In early February, Dr Miguna was deported after being in custody for five days.

He had been arrested for taking part in the 'swearing-in' of ODM leader Raila Odinga as the 'people's president'.

The State said he was a Canadian citizen. It said he had failed to regularise his Kenyan citizenship after the Constitution allowed for dual citizenship.

But Dr Miguna insists that he is a Kenyan by birth and therefore still a citizen.