KENYA: Minister, police boss slapped with $2000 fine for contempt of court
By Fauxile Kibet
A High Court in Nairobi Thursday fined three top officials $2,000 each for ignoring summons requiring them to appear before the court over the detention of opposition activist Miguna Miguna.
Judge George Odunga ruled that Internal Security Cabinet Secretary Fred Matiang’i, Police Inspector General Joseph Boinnet and Director of Immigration Gordon Kihalangwa violated article 10 of the Kenyan constitution and hence should pay the fine.
But Judge Odunga set aside the petitioner’s lawyer’s prayer to hand the three custodial sentence noting the enforcement of such sentence would not practical. The lawyers had sought the three be handed three year jail terms for a number of contempt of court violations at the course of the ongoing case.
The ruling followed the dramatic deportation of Mr Miguna Wednesday night to Dubai despite an order for him to be released and produced in court on Thursday.
The Judge directed the amounts be deducted from the salaries of the three officials.
On Wednesday, the judge ruled that the three Kenyan officials were guilty for contempt of several court orders related to the detention of the controversial activist at the Jomo Kenyatta International Airport (JKIA), in Nairobi.
“If the respondents will not appear in person before me tomorrow, I will proceed to sentence them in their absence,” ruled Odunga on Wednesday. Odunga gave the state lawyer one hour ultimatum to produce the three before the court Thursday morning after their failed to appear but none appeared forcing him to issue his verdict.
INTERNATIONAL RIDICULE
The Kenya National Commission on Human Rights while commenting on the issue said that the dramatic deportation of Mr Miguna Miguna had put Kenya under serious international ridicule.
Commission’s chairperson Kagwiria Mbogori while addressing journalists at the country’s capital castigated the government for failing to adhere to court orders – which led to the dramatic scenes at the country’s main airport.
Miguna’s latest deportation is the second, after he was forced out of the country to Canada last month over his political activities which Kenyan authorities termed as treasonable.
The human rights official argued that the activist had not broken any laws by refusing to hand over his travel documents for entry into the country and refusing to re-apply for a visa and Kenyan citizenship. Those who acquire citizenship by birth do not lose that right even when they acquire second citizenship, Mbogori charged.
The officials however agreed that Mr Miguna escalated the situation by refusing to hand over his Canadian passport – which he had used in his journey before the standoff at the Kenyan airport.
“He somehow became boisterous and engaged in a scuffle with Immigration officials, which started the chaos, but this is not an excuse to blatantly breech court orders,” Mbogori said.
OBEY THE LAW
The Law Society of Kenya said the fraternity was “saddened” by the way state officers were undermining the country’s constitution.
“The circumstances are telling and a clear manifestation of disregard to law. The court orders were clear – for the State to facilitate the safe re-entry of Miguna, but unfortunately all the orders have been ignored,” Law Society of Kenya Deputy President Harriet Chigai said.
The controversial activist Thursday called on the international community to intervene and get him back to Kenya saying that he had fallen ill after he was mistreated by security officials who deported him.
Mr Miguna who spoke via social media while at a Dubai hospital said that he had no travel documents and no arrangements had been made to facilitate his travel.
“I woke up here in Dubai and I have nothing. I need the international community and everyone on this case,” Dr Miguna said.
He however maintained that he would only board a plane back to Kenya and no other destination.
“I’m not going to agree to board anything, because this is against my will. I’m sick I can’t even walk. I can’t see, they took away my glasses, they took everything from me,” he said.