, NAIROBI, Kenya, Mar 28 – A High Court judge has ordered Interior Minister Fred Matiangi, police chiefs and top Immigration officials to appear in court Thursday for sentencing after finding them guilty of ignoring two consecutive orders to produce Miguna Miguna in court.
Matiangi is required in court alongside IG Joseph Boinnet, DCI boss George Kinoti, Immigration Principal Secretary Gordon Kihalangwa, Flying Boss Said Kiprotich and the officer in charge of the Jomo Kenyatta International Airport (JKIA).
The officials had been ordered to appear in court Wednesday morning and produce Miguna but they failed to do so, prompting the court to extend the time to 2.30pm when they were supposed to appear and also produce him.
But they failed to honour the summons and did not produce Miguna in court as ordered.
“Consequently, I am ordering them to appear before this court at 10am tomorrow for sentencing,” Justice George Odunga ruled. “Failure to come, the court will proceed to sentence them.”
He also ordered the unconditional release of Miguna and unfettered access to him by his lawyers.
“The petitioner (Miguna) should be released unconditionally to appear in this court at 10am,” he ruled. “The petitioner’s lawyers are to be granted access to him.”
He accused the State officers of blatantly ignoring court orders, yet none of them is above the law.
“Those whose orders are directed to are carrying out their business as usual,” he said and declared that “this state of affairs cannot be allowed to continue.”
Miguna is still held at the Jomo Kenyatta International Airport since Monday when he arrived from Canada, after initially being deported from his motherland.
A second attempt to force him into an Emirates plane destined for Dubai flopped after he became unruly.
“I will not board, I won’t go, unless I am dead,” he shouted as he wrestled police officers who tried to force him onto the plane on Monday night.
The government later explained that he was to blame for not being allowed into the country, while accusing him of declining to sign requisite documents of applying to be a Kenyan citizen because he denounced his citizenship when he became a Canadian.
One of his lawyers Cliff Ombeta on Tuesday explained that Miguna was acting on legal advice not to sign any documents because that would have contravened an earlier court order that required him to be allowed into the country unconditionally.
“He is a Kenyan, why should he sign any application documents,” he said.
On Wednesday, Ombeta told the BBC they had to sneak a mobile phone into a toilet at the JKIA to be able to speak to him after being denied access to the controversial lawyer who claimed that he was being held in a filthy tiny toilet.
Ombeta said his client was unwell “but was putting up” and accused security forces of denying them access to him.
Miguna was deported from Kenya on February 6 after presiding over the swearing in of NASA leader Raila Odinga as the People’s President in protest of President Uhuru Kenyatta’s October 2017 win – an act the government termed as treason.