Kenyan court fines minister, police and immigration chiefs for contempt

Three senior government officials were spared jail on Thursday after a Nairobi judge fined them Ksh200,000 ($2,000) each for defying orders to produce an opposition politician in court, who was instead deported for the second time in two months.

Fiery lawyer Miguna Miguna was deported on Wednesday night after spending three days in detention at the Jomo Kenyatta International Airport.

His attempt to return to Kenya this week has seen the nation gripped by political theatrics.

As the immigration spat was ongoing at the airport, the high court twice ordered Interior Minister Fred Matiang'i, Inspector General of Police Joseph Boinnet and Immigration chief Gordon Kihalangwa to produce him in court.

Both orders were disregarded and Miguna was put on a flight to Dubai late Wednesday.

The three officials had also been summoned twice to appear before court over Miguna’s detention but they did not.

High Court Judge George Odunga ordered that the $2,000 fine be deducted from their salaries after they "violated the constitution for failing to obey the rule of law and court orders."

“The deputy registrar to ensure the payment is effected,” said judge Odunga.

“If they are unable to obey orders widely publicised, it is not proper for them to be in office yet their positions are of high importance of this country,” the judge said.

Supremacy battle?

A growing battle between government and the judiciary — since the Supreme Court annulled President Uhuru Kenyatta's election victory last year — has seen authorities ignore several court orders.

Miguna's first expulsion came after he was arrested for treason for taking part in the mock swearing-in of opposition leader Raila Odinga, who insisted he was the rightful victor of last year's elections.

The interior ministry said Miguna had forfeited his Kenyan citizenship by obtaining Canadian citizenship several years ago — at a time when dual citizenship was not allowed.

In February, a court ordered authorities to allow Miguna's return, and issue him with a travel document or allow him to enter on his Canadian passport, pending the hearing of a petition he had filed to defend his Kenyan citizenship.

However, when Miguna arrived on Monday, he refused to apply for a six-month visa, enter on his Canadian passport or fill out forms to regularise his nationality.

"He declined to sign entry documents and tore them (up). He stayed here for two days and each time they were taken to him he shouted back that he is a Kenyan," an immigration official said on condition of anonymity.

On Monday, airport police attacked and injured several reporters covering the event in an incident captured in video footage and condemned by the Committee to Protect Journalists.

In a statement from Dubai, Miguna said he had been detained in a toilet for two days at Kenya's main international airport, and alleged officers had wrestled him to the ground and injected him with an unknown substance "until I passed out".

Respect for courts

“Courts must reflect the rule of law, stamp authority and contribute to principles of governance but the three [men] have not adhered to their oath of office and have acted in a manner which does not aspire any confidence,” judge Odunga said Thursday.

He said he could not even issue arrest warrants for the trio as they are in charge of security in the country, and are most likely to disobey junior officers if they were to be placed before them.

The incident comes some three weeks after Odinga and Kenyatta's surprise reconciliation following the bruising electoral season.