Nairobi — The Office of the Director of Public Prosecutions (ODPP) wants court summonses against National Police Service Inspector General Joseph Boinnet and Directorate for Criminal Investigations chief George Kinoti rescinded.
Principal Prosecution Counsel, Duncan Ondimu, Tuesday asked Justice Luka Kimaru who issued the orders last week to convene the court at 2pm on Wednesday to allow Boinnet and Kinoti make appropriate applications on the request.
Justice Kimaru had directed the two to personally appear in court on February 15 to explain why they should not be punished for contempt of court after they failed to produce outspoken National Super Alliance (NASA) lawyer Miguna Miguna in court on February 6.
The ODPP told the court the following day that Miguna had in fact been deported prompting Justice Kimaru to issue Boinnet and Kinoti show cause summons.
According to Ondimu however, affidavits filed by the two police chiefs in relation to the deportation of Miguna were sufficient reason for the duo to be excused from appearing in court.
Ondimu further argued that Boinnet and Kinoti are scheduled to attend a National Security Council meeting on Thursday.
The prosecutor also cited an ongoing campaign by members of the Law Society of Kenya (LSK) against the duo as one that infringes on their rights.
LSK had threatened a weeklong court boycott but later withdrew launching instead a campaign dubbed "Yellow Ribbon" through which they intended to protest against what they said was wilful disobedience of court orders and violation of rights of arrested persons by the State.
In their respective affidavits on Friday last week, Boinnet and Kinoti Justice Kimaru's orders by failing to produce Miguna in court arguing that the self-proclaimed general of the NASA's civil disobedience wing, National Resistance Movement, had actually been released.
"I was informed by my officers that the applicant (Miguna) was released vide OB/6/2/18," Kinoti stated in his affidavit.
In a separate affidavit, however, Department of Immigration Director, Gordon Kihalangwa, said he instructed his officers to arrest Miguna following a deportation order issued by Interior Cabinet Secretary Fred Matiangi on Tuesday, February 6.
Kihalangwa equally denied being in contempt of court saying he was not aware of an order issued by Justice Kimaru since the Department of Immigration was not a party to court proceedings which resulted in the issuance of the order.
"The applicant (Miguna) was arrested within the precincts of Inland Container Depot, in Embakasi, and taken to the Jomo Kenyatta International Airport for purposes of deportation and did board KLM Airline Flight Number KL0566 to Toronto Canada via Amsterdam," Kihalangwa stated as he told the court that Miguna had irregularly acquired his Kenyan passport.
Miguna has since filed a case challenging his deportation to Canada.
He was arrested for administering, commissioning and witnessing an oath on NASA leader Raila Odinga as "People's President" on January 30.