High Court convicts Matiangi
The High Court also ordered for the unconditional release of Miguna.
Judge Odunga said the three officials were in contempt of court for disobeying court orders after failing to present the self-declared National Resistance Movement general Miguna Miguna in court.
"This court gave the three officers an opportunity to defend themselves by directing them to appear in court but they decided to go into hiding instead. It is time for those who violate the constitution to take responsibility for their own actions," Odunga stated.
"If the respondents won't appear in person before me tomorrow, I will proceed to sentence them in their absence," Justice Odunga ruled.
The judge also ordered for the unconditional release of Miguna and ordered he appear before the court on Thursday at 10am.
Miguna's lawyers led by Siaya Senator James Orengo had earlier asked the court to jail Interior CS Fred Matiangi, Immigration boss Gordon Kihalangwa and IG Joseph Boinnet for six months each for being in contempt of court after failing to present the NRM general in court.
"The constitution provides that no one can be held for more than 24 hours. We are now into the 72nd hour. Miguna is not a criminal. He is not a thug. He has a residence in Nairobi that the police attacked. He has a rural home in Nyando, Kisumu county. But his residence now is a toilet at JKIA," Orengo argued.
On Tuesday, High Court Justice Roselyn Aburili ordered Miguna to be presented in court on Wednesday morning at 9am but this failed to happen.
Justice George Odunga again directed Matiang’i, Kihalangwa, and IG Boinnet to produce Miguna before him at 2pm which also failed to happen.
The judge was told that the three could not be reached as they were with President Uhuru Kenyatta at the passing out parade of General Service Unit recruits at the GSU training school, Embakasi.
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