High Court judge George Odunga has directed state lawyer Charles Mutinda to produce three senior government officials in court at 12:15 on Thursday.
Mr Mutinda had told the court that he was not able to reach Interior CS Fred Matiang'i, Immigration boss Gordon Kihalangwa and Inspector General of Police Joseph Boinnet hence the reason as to why they were not in court.
Justice Odunga had on Wednesday ruled that Dr Matiang'i, Dr Kihalangwa and Mr Boinnet were guilty of acting in contempt of court for failing to release lawyer and Nasa activist Miguna Miguna.
The three will therefore be sentenced at 12:15 where they face six months jail sentence or a fine of Sh200,000.
"The said respondents must personally appear before this court at 10am for sentencing and further orders, in default of their appearance the court will proceed to mete out appropriate sentences their absence notwithstanding," Justice Odunga had said Wednesday.
DEPORTED TO DUBAI
Whilst the judge had further ordered that the opposition activist should not be removed from the court's jurisdiction, his lawyer confirmed late Wednesday night that he had been deported to Dubai.
This is the second time, the lawyer has been deported at a time which the court has issued orders requiring him to be presented in court.
Incourt, Justcie Odunga asked whether if given time the three would appear but he was a bit hesitant on whether the trio would still present themselves.
Mr Mutinda also told court that the state has filed an application seeking to set aside order which were issued by Justice Roselyn Aburili requiring the release of Dr Miguna.
Lawyer Cliff Ombeta accused the state counsel of lying that the trio cannot be reached.
"Who swore the affidavits on the applications filed (before the court of appeal)?"