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Wednesday, March 28, 2018

Miguna lawyers want Matiang'i, Boinnet jailed six months for contempt

Self-declared NRMKe general Miguna Miguna's lawyers on Wednesday asked the court to jail Interior CS Fred Matiangi for six months for contempt of court.

They also asked Justice George Odunga to issue the same orders for Immigration boss Gordon Kihalangwa and IG Joseph Boinnet following their refusal to present the besieged lawyer in court.

Miguna was not presented to the court as earlier directed.  Justice Odunga had ordered that the opposition politician be presented at 2.30pm in person. This did not happen.

 More on this: Matiang'i, Boinnet fail to produce Miguna, defy court summons

Miguna's lead lawyer James Orengo said it beats logic that the government was ready to deport his client to Canada and Dubai but found it hard to bring him to court.

"It is easier and cheaper for them to take him to Canada than bring him to court which they have demonstrated today," Orengo said.

Orengo asked judge Odunga to exercise his powers and deal with the defiant respondents.

"From February 2, all court orders in this matter have been defied and disregarded. We invite you to punish them and it is high time.." he said.

He added that there should be a sanction against the Attorney General for misleading the government.

"Contempt is wilful disobedience of court orders from the subordinate court to the most supreme court. We ask that you summarily deal with this issue."

Orengo said Miguna is not a criminal and a thug adding that he has a residence in Nairobi and a rural area in Nyando constituency.

"His address today is a toilet in terminal two. He has been living in a toilet which is inconveniencing even to the passenger," the senator said.

He begged the Court to issue an order allowing Miguna  lawyers to reach him and access him prior to his release.

IMPOSE FINES

Lawyer Otiende Amolo said the contempt has been demonstrated and is contempt for the court adding that the petitioner is represented by 14 advocates.

"The petitioner is represented by 8 lawyers with a cumulative experience of 320 years. But the respondents sent two young people who I doubt have a cumulative experience of 6 years. This is great contempt," he said.

"What level of contempt is that? They then tell you that the reason the respondent are not in court is because they are attending a GSU parade. What would Kihalangwa be doing at the parade?"

Amolo said it is shameful that the law and the court can be treated in such contempt. 

"This is contempt on the face of the court which empowers you to detain within the facility here. And the time has come when they must pay," he said.

"Don't only punish them.. go ahead and impose the fine allowed on each of them of Sh200,000 with a rider that the money must be paid individually not on public confers."

He said as advocates have never been treated so contemptuously as they have been treated in the Miguna case,

"We have been denied access to Miguna. He has been denied access to medical attention and when we sought to serve the court orders public officers invited GSU," he said.

Justice Odunga is set to deliver his ruling at 4.45pm.

Read: Matiang'i, Boinnet fail to produce Miguna, defy court summons

Also read: LSK joins Miguna case, Odunga cites 'great public interest'

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