Inspector General of Police Joseph Boinnet and Director of Criminal Investigations (DCI) George Kinoti now want to be exempted from presenting themselves in court on Friday in a case involving fiery Nasa lawyer Miguna Miguna.
The IG and the DCI were expected to appear in court following orders issued by High Court Judge Luka Kimaru following the deportation of Dr Miguna on the day he was expected to be presented before court as well as be released from police custody.
Justice Kimaru had ordered that Mr Boinnet and Mr Kinoti appear in person before him to explain how Dr Miguna was handed over to immigration officials who oversaw his deportation.
The judge had also ordered Director of Immigration Gordon Kihalangwa to also swear and file an affidavit explaining under what circumstances his office took custody of the Nasa activist to deport him in blatant defiance of an existing order that he be produced before the High Court.
However in a letter written to the court from the Office of the Director of Public Prosecutions (ODPP) signed by Principal State Counsel Duncan Ondimu, the two want to be excused from attending court as ordered.
“Based on the three detailed affidavits filed by Mr Boinnet, Mr Kinoti and Mr Kihalangwa, it is our submission that it is not necessary for the IG and DCI to appear before this court on February 15,” said Mr Ondimu.
According to Mr Ondimu, the IG and the DCI will be attending a crucial National Security Council meeting on the said date besides the fact that they have already filed affidavits as ordered by the judge.
He also pointed out that the Law Society of Kenya will be holding demonstrations on the same date calling on public officers to respect court orders.
He further said that rights of the two security bosses would be infringed on that day since LSK would be going on with its demos yet the duo holds the entire Judiciary in high esteem.
He therefore requested the judge to consider the matter as already finalised since Dr Miguna has filed a constitutional suit against them challenging his deportation.
The letter is addressed to the Registrar of the High Court’s criminal division and was filed on Tuesday.
DENIED DISOBEYING ORDERS
In separate affidavits filed in court last Friday, the three top bosses all denied disobeying orders of the court with regard to arrest, detention and deportation of the National Super Alliance activist.
They also claimed that investigations led to the deportation of Dr Miguna following a directive issued by the Interior Cabinet Secretary Fred Matiang’i on February 6.
Even though they are all aiming at evading being blamed for any wrong doing, their affidavits have instead put them on the spot since Mr Boinnet blamed immigration officers of re-arresting the Nasa lawyer and having him deported.
But whilst he washes his hands, Mr Kihalangwa disclosed that the Nasa activist was arrested at 6pm within the precincts of Inland Container Depot, Embakasi following investigations and a directive issued on the same day he was deported.