Must appear in person - 1st senior Gov't official summoned over Miguna's travel ban

Facing the music

High Court Judge John Mativo summons Attorney General over Miguna Miguna travel ban

The Attorney General Kihara Kariuki has been summoned over the travel ban imposed on lawyer Miguna Miguna.

AG Kihara was on Friday summoned to appear before High Court Judge John Mativo to explain why the Executive arm of government has continued to disobey court orders.

Justice Mativo directed that AG Kihara must appear in court on Monday January 13, 2020 or in his stead, the Solicitor General Kennedy Ogeto or a Senior State Counsel.

While issuing the order, Justice Mativo noted that the Constitution as well as International Laws binding to Kenya had been violated repeatedly.

"As if the drafters [of Kenya's 2010 Constitution] did not trust anybody, and to avoid any mistake or doubt, Article 260 defines the word person. Again, as if the drafters did not trust any person, Article 10 of the Constitution describes the values and principles of governance which include the rule of law, human rights, democracy, only to mention but some.

"One core value of the rule of law is obedience of court orders. These values are not there for cosmetic purposes, they are to be obeyed at all times including when the government is implementing a policy or any law," Justice Mativo's ruling read in part.

The judge went on to quote the Bill of Rights asserting that they are not a prerogative of the government to grant or deny.

"In my view, this is a proper case for this court to flex its muscles and exercise its inherent jurisdiction and grant orders first to defend the Constitution itself, and also to defend the rule of law," he noted before issuing the summons.


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