Interior Cabinet Secretary Fred Matiang'i has moved to the Court Appeal to challenge High Court orders directed at him over the controversial deportation to Canada of self-declared "general" of the National Resistance Movement (NRM), Dr Miguna Miguna.
Dr Matiang'i, through lawyer Fred Ngatia, has said High Court Judge Luka Kimaru issued orders against him when he was neither a party to the case nor was he afforded any opportunity to respond to any accusations against him.
The lawyer explained that by virtue of the fact that the Director of Criminal Investigations (DCI), and the Inspector General of Police (IG) are officers within the Ministry of Interior and Co-ordination of National government, an inference should not be made that he was aware of the orders made by the court.
It should also not be assumed that he acted in corroboration with the DCI and the IG, he says.
Further, Dr Matiang'i argues that the issue of deportation of Dr Miguna is pending before another High Court judge and cannot be adjudicated upon without a valid hearing.