“State officers cannot continue to act in contempt and going about their business without respecting courts orders,” said the judge.
BY SAM ALFAN.
High Court has convicted Interior Cabinet Secretary Dr Fred Matiang’i, Inspector General Joseph Boinnet and Principal Secretary by then ( Immigration Director) Gordon Kihalangwa for contempt of court.
“Interior CS Fred Matiangi, Immigration PS (then director of Immigration) Gordon Khalangwa, Inspector General of Police Joseph Boinnet have by their conduct been contemptuous of the orders of this court and are convicted accordingly”. ruled Justice Odunga.
Justice George Odunga also summoned them to appear in court 10 am tomorrow for sentencing.
“The said respondent to personally appear before this Court tomorrow at 10.00 am for sentencing and further orders. In default of their appearance, the court will proceed to mete out appropriate sentences their absence notwithstanding” Judge Odunga further ordered.
Should they fail to appear in court in person, Justice Odunga said, the court will proceed to sentence them for contempt.
The judge further ordered the self-proclaimed general should not be moved outside jurisdiction of the court.
“It is hereby directed that the petitioner is not under any circumstances to be removed from the jurisdiction of this court. Instead, the petitioner is to be unconditionally released forthwith to appear this court tomorrow at 10.00 a.m”. Said Odunga.
The Judge further directed the order is applicable not to only the top government officials but to the officer’s working under them.
” This order binds not to only the respondents but also the officers under then in whose custody the petitioner has been placed”. Ordered Odunga.
He further directed Miguna Miguna lawyers are to be granted access to the petitioner.
The court also ruled unless MigunaMiguna is released, the said government officials will not be granted the right of audience by the court tomorrow.
Justice Odunga pointed out that this was not the first time the Interior CS was being penalised by the court for disobeying its orders. He said those who violated the constitution should take responsibility for their own actions.
“The case now is not about lawyer Miguna Miguna but about the dignity of the court which is being put to question as key executives have persistently acted with impunity,” he added on Tuesday.
“Court orders are not subject to the interpretation of the Executive. The laws are not silent. They may be changed but they speak the same language.” Court observed.
“Courts are not guided by ministers or political popularity; courts are guided by law and law alone. Court orders must be obeyed,” he ruled.