High Court Judge George Odunga's ruling could make Interior Cabinet Secretary Fred Matiang'i and Inspector General of Police Joseph Boinnet lose their respective offices.
The two are now at risk of being declared unfit to hold public office after being found guilty and fined for contempt of court.
On Thursday, Justice Odunga ruled that although he could not find Matiang'i, Boinnet and Immigration PS Gordon Kihalangwa unfit to hold public office at the moment, his announcement that they had violated Article 10 of the Constitution had opened the way for any citizen to petition for their removal.
“The three officials have conducted themselves in the most despicable manner and the most appropriate order is to issue a declaration they have violated Article 10 of the Constitution for repeatedly disobeying court orders to release Miguna,” Odunga ruled.
According to Odunga, the three officials failed to honour the oath of office they took by conducting themselves in a manner that does not inspire confidence, adding that any person is at liberty to seek further actions against them.
Article 10 of the Constitution provides for national values and principles of governance.
If a person is found to have violated the principles, they can be deemed to have failed the leadership and integrity test provided in Chapter Six of the Constitution and be declared unfit to hold public office.
He further added: "They have displayed the arrogance of unimaginable magnitude in disobeying court orders. They are the people in charge of the country's security and if they claim they were not aware of the court orders then they are not fit to hold those public offices."
The lawyers who were interviewed by the Standard revealed that the three are in real danger of losing their positions.
They divulged that either of these could happen to them; the court could be requested to order their removal from office for violating the Constitution, Parliament could be petitioned to prompt their dismissal, the appointing authority could kick them out or the officials could opt to resign.
