BY SAM ALFAN.
Police bosses AG Joseph Boinett and DCI boss George Kinoti have challenged Justice Luka Kimaru’s decision.
They have appealed against high court decision that found them in contempt of court and further declared the deportation of Miguna Miguna as illegal.
In their appeal they want the court of appeal to suspend or stay justice Luka Kimaru orders pending the hearing and determination of the appeal.
Mr Boinett and Kinoti argue that they were not heard before the court reached the determination of contempt of court that had been committed adding that their rights to a fair trial was breached.
“The conduct of the proceedings was in breach of the constitution and the provisions of the contempt of court Act,” reads the court documents.
The High Court found the two police bosses in contempt of court, a criminal offence without any hearing whatsoever contrary to Article 47 of the constitution, Fair Administrative action Act and the common law rules of natural justice.
The trial court, they say failed to adhere to the constitutional guidelines on fair trial.
The two were ordered to appear before Justice Kimaru to explain why they should not be punished for contempt. However they did not appear in court and instead they explained their absence in court to have been occasioned by mandatory duties which they had to attend to.
“I did not disobey the Order of this Honorable Court, since at the time the information that I and DCI were required to be present before this Honourable Court on February 6, I was already scheduled to attend a National Security Council meeting,” Mr Boinnet says.
Boinett further said that owing to the nature of his duties as the IG, it is mandatory that he attends all National Security Council meetings for the sole purpose of ensuring the country’s safety and security.
