A Nairobi Court of Appeal has overturned a High Court decision that had found former Interior Cabinet Secretary Fred Matiang’i, former Inspector General of Police Joseph Boinnet, and former Immigration Principal Secretary Gordon Kihalangwa guilty of contempt of court in relation to the dramatic deportation saga of lawyer and politician Miguna Miguna.
The contempt charges stemmed from a 2018 incident when Miguna attempted to re-enter Kenya following his earlier deportation. Court orders issued in February 2018 had directed state agencies to facilitate his return using his Kenyan passport and identity card. Alternatively, he was to be granted a temporary entry permit to ensure his right to return and remain in the country.
On March 26, 2018, Miguna arrived at Jomo Kenyatta International Airport (JKIA) to enforce the orders. However, despite clear directions from the court, security and immigration officers blocked his entry. Later that night, heavily armed officers attempted to put him on a flight believed to be headed to Dubai. Miguna resisted the attempt, refusing to board, and his travel documents were confiscated.
Following the incident, the High Court, under Justice George Odunga, summoned the three senior officials. They were found guilty of contempt, declared to have violated constitutional values under Article 10, and fined Ksh200,000 each for disobeying the orders.
The Court of Appeal, however, has now set aside that ruling. A three-judge bench ruled that the High Court had erred by convicting the officials without the proper institution of a contempt application and without following due process safeguards. The judges noted that while court orders must be respected, contempt proceedings require formal application and adherence to established legal procedures to ensure fairness.
The ruling effectively clears Matiang’i, Boinnet, and Kihalangwa of personal responsibility in the case, lifting the fines and the declaration that they breached constitutional principles. It marks a significant legal turning point in the long-running Miguna Miguna saga, which has often been viewed as a test of Kenya’s commitment to constitutionalism and respect for judicial authority.
Although the acquittal relieves the three former state officials, the broader questions surrounding state compliance with court orders remain. Miguna’s deportation saga highlighted tensions between the executive and judiciary, issues of citizenship rights, and the limits of government power in dealing with political dissent.
