Matiang’i, Boinnet in court to appeal their sentencing

Interior Cabinet Secretary Fred Matiang’i, Inspector General of Police Joseph Boinnet and Immigration Principal Secretary Gordon Kihalangwa have filed an appeal challenging their sentencing for contempt of court.

In an application filed by the office of the Attorney General, the three security bosses want their sentencing and fining suspended until the appeal is heard and determined.

High Court judge George Odunga last week found the three guilty of contempt of court and fined them Ksh.200,000 each for failing to honour court orders requiring them to appear in court over the deportation of lawyer Miguna Miguna.

Matiang’i, Boinnet and Kihalangwa argue that the judge sentenced them without any formal application for contempt.

The Attorney General submitted that the decision to convict and subsequently sentence the three was not based on any evidence presented before it but on the basis of oral submissions by the lawyers who never invoked the provisions of the Contempt of Court Act.

The three claim that the decisions were made under circumstances that indicate apparent bias against them by the learned judges.

In the documents filed in court, the AG says the fundamental rights of his clients to a fair trial, hearing and administration action will be breached if the decisions by Judge Odunga are effected.

“That under the guise of acting to protect the fundamental rights of Miguna, Justice Odunga acted in a manner that disregarded the fundamental rights and freedoms of the three officials, ” reads thepetitio.

They also argue that Justice Odunga did not ask nor consider the report of the Kenya National Commission on Human Rights who had been specifically enjoined and ordered by the court to prepare a report on Miguna’s entry and government compliance with court orders.

In the application, it is further claimed that Kihalangwa was on the material time of the case not the Director of Immigration and could not possibly be responsible for implementation of the courts orders that he was found to be in contempt of.

“CS Matiang’i’s role under the relevant Act is well defined and there was no legal basis for the judge to find him in contempt more so where there was no iota of evidence presented before the court” they further said.

The AG asked the appellate court to urgently hear and determine the application of stay, arguing that failure to do so will render their appeal null and void.