The Court of Appeal has overturned the 2018 contempt of court ruling against Interior Cabinet Secretary Fred Matiang’i, former Inspector General Joseph Boinnet, and former Immigration Chief Gordon Kihalangwa.
The appellate court also cancelled the Ksh200,000 fine that had been imposed on the three officials.
Background of the Miguna Case
The case arose in March 2018, when Miguna Miguna tried to return to Kenya after being deported the previous month.
Despite having valid travel documents and court orders directing the government to allow his return, Miguna was detained at Jomo Kenyatta International Airport (JKIA). Officers seized his passport and attempted to put him on an outbound flight.
High Court Judge George Odunga acted on an urgent application and ordered Miguna’s immediate production in court. He later found Matiang’i, Boinnet, and Kihalangwa guilty of contempt for failing to comply with court orders, imposing fines on them.
Appeal Arguments
The officials’ lawyers argued that Justice Odunga had relied on an oral application and invoked inherent jurisdiction, instead of following the Contempt of Court Act.
Miguna’s lawyers countered that the High Court acted to protect its authority and enforce compliance. They noted that the officials were served with the orders through multiple channels, including airport postings and official social media.
Court of Appeal Ruling
The Court of Appeal found that the High Court had no formal contempt application before imposing fines. It stressed that procedural compliance is necessary, even when courts exercise inherent powers.
The ruling is a major legal win for Matiang’i, Boinnet, and Kihalangwa, closing a long-running chapter in Kenya’s high-profile Miguna deportation saga.
