Inspector General of Police Joseph Boinnet and Director of Criminal Investigations (DCI) George Kinoti on Tuesday appealed against a High Court decision citing them for contempt of court over the deportation of self-declared NRM general Miguna Miguna.
The two police bosses want the Court of Appeal to stay or suspend Justice Luka Kimaru’s orders pending the hearing and determination of the appeal.
Boinnet and Kinoti argue that they were not heard before the High Court cited them for contempt of court, hence their right to a fair trial was breached.
“The conduct of the proceedings was in breach of the constitution and the provisions of the Contempt of Court Act,” Boinnet and Kinoti say in their affidavits.
The two say by virtue of being state officers, they stand a risk of being removed from office unless the High Court decision is suspended.
“I was entitled to adduce and challenge any evidence presented before the court. The trial court failed to adhere to the constitutional guidelines on fair trial,” said Boinett.
The two had been ordered to appear before Justice Kimaru on January 18 to explain why they should not be cited for contempt.
They, however, failed to show up in court and instead swore affidavits on February 9 explaining their failure to personally appear in court to produce Miguna Miguna.
“I did not disobey the Order of this Honourable Court, since at the time the information that I and DCI were required to be present before this Honourable Court on February 6, I was already scheduled to attend a National Security Council meeting,” Boinnet’s affidavit read.
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