Police failed to present opposition politician Miguna Miguna in court as had been directed for the fifth time in a span of five days in what lawyers termed outright contempt and egg on the face of the judiciary with smelly splatterings all over.
A judge minced no words saying “it is clear that this is obvious contempt and State agents are trying to subvert the rule of law.”
Lawyer Cliff Ombeta said they were embarrassed on behalf of the judge on whose face the egg had been thrown.
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The DCI George Kinoti who was supposed to have accompanied Miguna to court on February 7 2018 was said to be engaged in Booni Forest while his counterpart, the Flying Squad boss, a Mr Said, could not be reached on his mobile phone.
State counsel Duncan Ondimu was at pains explaining how police allegedly released Miguna into the hands of Immigration officers who were apparently enforcing “orders from above” declaring Miguna a prohibited immigrant subject to deportation and that investigations had been going on regarding his nationality.
Dr John Khaminwa, for Miguna, drew the first blood urging the trial court to compel the DCI and the Flying Squad officer to comply with his order that they accompany Miguna to court.
Principles of law
“They cannot say other orders were made by other State departments without their knowledge…” he said.
James Orengo also for Miguna charged further stating that since his arrest, Miguna has been seeking his liberty in vain.
Orengo said Miguna’s release orders were very clear and that a Kajiado court had directed that he be presented at the High Court where he was required before rogue state agents shuttled him out of the country.
“Where does a citizen go if courts cannot protect them?” Orengo posed. He questioned how the values and principles of law involved in safeguarding citizens are to be implemented in the face of such impunity without which anarchy becomes the order of the day.
Orengo cited a section of the constitution which states that a Kenyan by birth cannot forgo his citizenry even if he acquires dual citizenship, but he said this will be a story for another day (read case challenging Miguna’s deportation).
Travesty of justice
“This court is a protector of citizens and their rights… Once we cannot find safety and protection in court, we open a state of anarchy,” the lawyer charged, urging the judge to deal with such errant public officers as the DCI, IG and Chief Immigration Officer.
Senator Mutula Junior termed the Miguna affair a “travesty of justice and abuse of the court process.”
Nelson Havi, also for Miguna, said it was a mockery of justice for the court to have been kept in waiting as another process was being taken.
Harun Ndubi said, “LSK is deeply concerned at the height of impunity being shown to the court by suggesting that court orders mean nothing to them.”
Ndubi said the State was not showing disrespect to Miguna Miguna but is slighting the judiciary as a whole.
He said that CJ David Maraga had once scoffed at the political class and asked them to amend the laws to scrap off the judiciary if at all they were dissatisfied with its rulings.
Authority of the court
The trial court heard that the contempt facing the public servants in question has to be purged and further that Fred Matiang’i who purported to have sanctioned Miguna’s deportation to Canada has no “such powers as yet since he has not been sworn in as the Cabinet Secretary for Interior but is still in temporary acting capacity.”
Defence lawyers were of the opinion that illegalities had been committed and that the State was undermining the authority of the court.
Lawyer Cliff Ombeta said that the only thing left is that court directs Miguna be brought back to appear in person.