Interior CS Fred Matiang'i Asks Appeals Court to Help Save His Job after High Court Convicted Him for Contempt

The government has appealed against a court ruling that convicted Interior Cabinet Secretary Fred Matiang'i, Inspector General of Police Joseph Boinnet and Immigration PS Gordon Kihalangwa for contempt of court.

In documents sworn by Solicitor-General Kennedy Ogeto, the state is seeking to have orders issued when fiery opposition politician Miguna Miguna returned to the country and was held at the Jomo Kenyatta International Airport (JKIA), set aside.

Justice Roselyn Aburili had on March 27th, ordered for immediate release of Miguna and be brought to court the following day. When the case was brought before Justice George Odunga, he summoned the three in court, but they  failed to appear, prompting the judge to convict them for contempt. He fined them Sh200,000 each.

“The declaration that the appellants are in violation of the Constitution renders them unfit to hold public office and therefore, unless stay is granted, they are likely to lose their respective positions in the public service,” Mr Ogeto said.

The State, through Ogeto also faults Justice Odunga for punishing the three without an application of contempt filed before him.

“Justice Odunga made the decision in the absence of any formal application, without any evidence presented before him, and without giving them an opportunity to defend themselves,” said Ogeto.

“I am a law abiding Kenyan and I am shocked that a court of law would proceed without regard to my rights and the procedure under the Contempt of Court Act,” Dr Matiang’i said in a sworn affidavit.

He added: “The declaration exposes me to unwarranted stigma and public ridicule thus affecting my ability to discharge my duties effectively; should stay not be granted, the prejudice and harm occasioned in the meantime would be irreparable.”

The three security officials further want orders to free Miguna issued by Justice Aburili be set aside. In his affidavit, Matiang'i asks the Court of Appeal to save his job.

“The decision has exposed me to unwarranted stigma and public ridicule, thus affecting my ability to discharge duties effectively,” said Fred Matiang’i in an affidavit to challenge his conviction and that of two other Government officials for contempt of court.

The Interior CS says he was not served with the orders that led to his conviction, accusing Justice Odunga of treating him unfairly.

“It was not proper for the judge to summon us to appear in court within one-and-a-half hours and purport to have given us sufficient time to show cause why he should not convict us,” says Matiang'i.