The High Court has now ordered three senior government
officials to appear in court in person this afternoon over Dr Miguna Miguna’s
citizenship case.
Justice George Odunga on Wednesday said Interior Cabinet
Secretary Fred Matiang’i, Director of Immigration Gordon Kihalangwa, and
Inspector-General of Police Joseph Boinnet should appear before him at 2pm.
During the court session, lawyers for Dr Miguna and the
government clashed over continued detention of the lawyer at JKIA.
This was after State Counsel Charles Muyinda sought the
court’s audience to have orders for Dr Miguna's release reviewed.
He argued that the orders granted on Tuesday were given
"without full disclosure of facts", and that Dr Miguna is still being
held at JKIA because he has not yet been processed.
He argued that JKIA is “a no man's land” and the fiery
lawyer is technically yet to step on Kenyan soil.
He said there is no arrogance on the part of the state
officials with regards to complying orders on his release.
He wanted the matter heard in the afternoon to allow him put
filed responses explaining reasons as to why Dr Miguna has not been allowed to
appear in court as ordered.
He insisted that government is acting in compliance with
Justice Enoch Chacha Mwita's order on his return.
But James Orengo, for Dr Miguna, wanted the government
denied audience, citing contempt.
He said the court ordered the state to deposit Dr Miguna's
passport but they surrendered a perforated one.
He said court orders must be obeyed.
“It is not for one, mighty or small, status in society or
not, to choose which orders to obey and which ones not,” he said.
In his ruling, judge Odunga also ordered that the sued
parties in the case facilitate Dr Miguna Miguna's safe passage to court before
that time.
"It is not in doubt that the order to produce Dr Miguna
in court today was served, the issue of processing him does not arise and
there's nothing which convince me that there is a difficulty in bring
him," ruled Justice Odunga.
He added: "for avoidance of doubt the orders issued
yesterday by Justice Roselyn Aburili must be complied with before 2.30pm when
the matter comes up this afternoon."
The judge pointed out that unless the order to have him
produced in court is complied with, the case cannot proceed to inter-party
hearing.
