The Court of Appeal overturned High Court rulings that found former Interior Cabinet Secretary Dr. Fred Matiang’i, former Immigration Principal Secretary Dr. Gordon Kihalangwa, and former Inspector General of Police Joseph Boinnet in contempt of court over the dramatic 2018 detention of lawyer and activist Miguna Miguna at Jomo Kenyatta International Airport.
A three-judge bench comprising of Justices Wanjiru Karanja, Lydia Achode and Joel Ngugi held that while the State officials were accused of defying valid court orders, the High Court erred by convicting and penalizing them without following proper procedure.
In March 2018, Justice George Odunga fined the three officials Sh200,000 each, to be deducted directly from their salaries, after finding them in contempt for failing to release Miguna and facilitate his re-entry into the country.
The judges also declared that they had breached the Constitution by violating the rule of law.
But in Friday’s judgment, the Court of Appeal ruled that contempt proceedings which carry quasi-criminal consequences must be initiated formally through a motion supported by affidavits and duly served on the alleged contemnors.
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