Matiang’i, Boinnet lawyer under siege in Miguna case

The legal team representing besieged Miguna Miguna on Thursday asked the court to convict State Counsel Charles Mutinda for making a mockery of the Judiciary.

State Counsel Charles Mutinda ran into trouble after claiming that he was unable to reach the three government officials involved in the case to inform them of the summons.

The High Court judge had ordered that Interior CS Fred Matiang’i, Inspector General of Police Joseph Boinnet and Immigration PS Gordon Kihalangwa appear in person but they failed to show up.

They were to be sentenced after being found guilty of disregarding several court summons and orders to release Miguna from police custody at the Jomo Kenyatta International Airport.

Their lawyer maintained that his clients had been unreachable since Wednesday when the summons were issued.

However, Mr. Miguna’s lawyers objected to the explanation, accusing the State counsel of lying to the court.

They questioned how Mr. Mutinda was able to file signed affidavits of his clients opposing their conviction yet he said he could not reach them.

“Who swore the affidavits on the applications filed? It is not true that they cannot be reached, they are putting egg on your face,” Lawyer Cliff Ombeta told Judge Odunga.

The judge adjourned the court session for one hour to once again give Mr. Mutinda time to have his clients appear in court.

When the court proceedings resumed, Mr. Mutinda submitted that he was yet again unable to reach the three security chiefs.

“The respondents are not in the office. I have done whatever I could to contact them. I leave the rest to the court,” said Mutinda.

Seemingly irked by Mutinda’s explanation, the petitioner’s lawyers asked the court to commit the State counsel to civil jail.

“Mr. Mutinda is in contempt of court and should be sentenced accordingly. He had a duty to ensure the orders are served accordingly. He has no clients. He is here as an agent of the attorney general,” said Lawyer John Khaminwa.

“There is a conspiracy and Mr Mutinda is part of it. He is coming to play with us as if we are children.”

In his defense, Mr. Mutinda said he was only carrying out his duties as an officer of the court. “The application to have me committed to jail is an attempt to intimidate me and a violation my rights. I am an advocate of the Court and not a subject of trial,” said Mutinda.

Meanwhile, Judge Odunga has charged the three government officials with a fine of Ksh.200,000 each for contempt of court. The amount is to be deducted from their salaries in April.

The ruling was delivered in their absence.