Miguna saga: Attorney General ordered to appear in court


Miguna saga: Attorney General ordered to appear in court
Kenyan-born Canadian Lawyer Miguna Miguna. PHOTO| COURTESY

In Summary

  • Judge Justice Mativo noted that the respondents had consistently shown a worrying trend of disrespecting court orders.
  • In his ruling, the judge ordered the Attorney General or any other senior official from his office to appear before the court on Monday

The High Court has ordered Attorney General Paul Kihara to appear on Monday to explain why orders to allow Miguna Miguna’s return were disobeyed.

Judge Justice Mativo said the Miguna saga is a proper case for the court to ‘flex its muscles in defending the Kenyan constitution and the rule of law’.

“The values of obeying orders are not there for cosmetic purposes … Court orders are there to be obeyed in ensuring the rule of law is upheld,”  he said on Friday.

“The respondents have consistently shown disrespect for court orders; that is worrrying trend,” he added.

Miguna’s lawyer John Khaminwa had previously asked the court to compel the Government to pay for his return ticket, refund his airfare and comply with the standing court orders.

The advocate also reccomended a jail term of at least three years for Government officials who have constantly defied court orders.

The State on the other hand, through lawyer Christopher Marwa, argued that it was not its duty to re-issue Miguna with a passport since his old one has expired.

“He has not renewed his passport ..no one has refused him the opportunity to renew his Kenyan passport,” Marwa explained.

The State lawyer further noted that Miguna is still free to travel with his Canadian passport adding that if he insists on using a Kenyan travel document, he can renew his passport at any embassy.

Marwa also requested the court to vacate the court orders for the Attorney General to appear on Monday arguing that the State had done its part by ‘demonstrating willingness to facilitate’ Miguna’s return home.

However, Justice Mativo declined to vacate the request.

“Attorney General to attend this court and explain why the orders have not been obeyed,” he ordered.

 

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Story By Dzuya Walter
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