The High Court has given State lawyers time to get in touch with three top officials over the release of fiery lawyer Miguna Miguna before they are sentenced for contempt.
Justice Odunga issued the directive on Thursday after State lawyer Charles Mutinda told court that he and his colleagues were unable to reach Interior Cabinet Secretary Fred Matiang’i, Immigration Principal Secretary Gordon Kihalangwa and Inspector-General of Police Joseph Boinnet.
APPEAL
“I am prepared to hear you as long as your clients speak about bringing Dr Miguna to this court,” said Justice Odunga.
“I am giving you one hour to get in touch with your clients.”
Justice Odunga had summoned the three to appear in court in person on Thursday morning but they failed to show up.
Mr Mutinda told the judge that the state had filed an appeal against the orders issued on Wednesday as well as a separate application to set aside Justice Roselyn Aburili’s ruling, which ordered Dr Miguna’s release.
He explained that there are still difficulties in processing Dr Miguna at JKIA.
But the explanation prompted lawyer Cliff Ombeta, who is among those representing the Nasa activist, to argue that allegation that Dr Matiangi, Mr Boinnet and Major (rtd) Kihalangwa could not be reached were false.
“Who swore the affidavits on the applications filed? It is not true that they cannot be reached, they are putting egg on your face,” said Mr Ombeta.
DEPORTED
High Court judge George Odunga ruled on Wednesday that Dr Matiang’i, Dr Kihalangwa and Mr Boinnet are guilty of acting in contempt of court.
Whilst the judge had further ordered that the opposition activist should not be removed from the court’s jurisdiction, his lawyer confirmed late Wednesday night that he had been deported to Dubai.
This is the second time, the lawyer has been deported despite the court issuing orders requiring him to be presented in court.
When Justice Luka Kimaru ordered that he be presented in court in February when he was first arrested and detained in several police stations, the immigration officials and the Interior Ministry had him deported to Canada.
And despite various court rulings hitting the government on the manner in which he has been handled as well as his deportation, it still remains unclear whether this time round the contempt will be purged.