The High Court has ordered Interior CS Fred Matiang'i, IG Joseph Boinnet and Immigration boss Gordon Kihalangwa to appear in court in person at 2.30 pm.
The three are to accompany lawyer Miguna Miguna, who has been at the JKIA since returning from Canada from London. He was intitially to be presented in the morning.
"Nothing stops the state from complying with the court orders. They have disobeyed court orders as at now and should appear in person," justice George Odunga said early on Wednesday afternoon.
Odunga asked the respondents should also facilitate the petitioner's safe passage to the court for further order.
Earlier, lawyer Orengo asked State counsel why the government blatantly ignored orders to release Miguna unconditionally.
"How can someone who has blatantly ignored and defied court orders be allowed the privilege of addressing the same court," he posed.
The Siaya Senator noted the three authorities have disobeyed court orders in the past.
"AG counsels should not be heard until Miguna is presented in court as ordered," he said.
Lawyer John Khaminwa said Kenya should not get to a point where courts are asked to deny the government access due to disobedience.
"This is about the independence of the Judiciary. We have sang this song too much so it must come to a stop. State officers can say what they want to say but let them say it in front of Miguna."
But State counsel Charles Mutinda noted no contempt on their part and there's and that there was no reason for them not to hear the matter.
"Give us an opportunity to file our papers," he pleaded.
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