Court seeks AG Paul Kihara’s opinion on disobedience of Miguna return orders
The High Court has directed Attorney General Paul Kariuki Kihara to submit an opinion to the court regarding the disobedience of orders relating to the deportation and return of Lawyer Miguna Miguna into the country.
Issuing the orders on Monday, Judge John Mativo noted that the disregard of court orders is a “serious corrosive force that can erode the rule of law.”
“The purpose of the court is to see justice to all parties. We would rather remain on the side of the law than side with injustice..,” noted Judge Mativo.
“Having stated the basis for the orders as explained here and having emphasized that the Attorney General is a friend of this court, I hold the view that his opinion holds the key to the resolution of the issues before this court.”
Justice Mativo gave the Attorney General the option of submitting his opinion either in person as an amicus curiae(friend of the court) or send a representative.
However, in a quick rejoinder, Miguna Miguna faulted Judge Mativo for seeking the opinion of the Attorney General who is listed as a respondent in the case and is already in violation of the said court orders.
“Kariuki Kihara defied Justice Mativo’s Order to attend Court today. Justice Mwita had already found Kariuki in contempt of court. Kariuki is a respondent in the case as well as the advocate for the contemnors. The Court should convict and PUNISH Kariuki; not seek his “opinion,” said Miguna in a tweet.
The government has repeatedly failed to comply with orders directing it to surrender back Miguna’s Kenyan passport as well as facilitate his unconditional re-entry into the country.
Miguna was expected back in Kenya on January 7, but his travel plans were scuttled by a red alert issued by Kenyan authorities to airlines in Berlin and France not to allow him fly to JKIA in Nairobi.
Later, the government through spokesperson Col. Cyrus Oguna distanced itself from any blame over Miguna’s interrupted return, insisting that he is free to travel back to the country but must acquire the necessary travel documents.
In a press statement issued on Wednesday, January 8 the government claimed Miguna is categorised as an “unruly passenger” in line with international aviation standards.