The High Court has flexed its judicial muscle and declared NRM’s “General” Miguna Miguna’s deportation illegal.
It also stripped the Inspector General of Police and the DCI of the decency expected of top police officers regarding obedience of court orders and found them guilty of contempt, a thing they must now “purge” or risk further embarrassment through committal to civil jail and penalty through hefty fines.
“As top police officers they should be at the forefront to obey court orders but they chose not to…” justice Luka Kimaru scoffed as he read his ruling on the Miguna Miguna fiasco.
Justice Kimaru ruled on February 15 2018 that the declaration by Interior minister Fred Matiang’i was null and void “and cannot have any legal effect.”
The same judge had earlier ruled that Miguna cannot be charged of nay offence in Kenya.
He has now directed Immigration director, Gordon Kihalagwa, to surrender Miguna’s passports to court within a week.
The government forced the NRM leader to Canada after he participated in Nasa leader Raila Odinga’s swearing-in at Nairobi’s Uhuru Park on January 30 2018.
Justice Kimaru said police had held Miguna illegally before handing him over to Immigration for the illegal deportation.
Miguna’s lawyers led by James Orengo welcomed the decision saying the court had reaffirmed its authority and independence and that “threats to such must be defended by Kenyans.”
LSK lawyer Harun Ndubi said the IG and DCI must now take personal responsibility and purge the contempt verdict.
“They have been convicted and must now demonstrate why they should still be occupying their offices, ” the lawyer told Justicenow.co.ke in an interview.
Justice Kimaru said the only way the court would assert its authority now was to order that Miguna return back to Kenya.
From Canada, Miguna spoke on Twitter saying he would be back and noted that his Kenyan citizenship cannot be revoked as he was born in the country.
He said police should have taken him to the courts as judges ordered instead of seizing his passports and driving him to the JKIA.
Justice Kimaru earlier ordered Kihalangwa to swear and file affidavits explaining circumstances under which Miguna was deported.
The judge said the senior government officer should explain how he took custody of Miguna when he knew very well that there were clear instructions requiring the lawyer to be produced in court.
He has demanded a written undertaking that the fresh order shall be complied with within 7 days.