Inspector General of Police, Joseph Boinnet, and DCI boss George Kinoti are facing more problems after a High Court Judge refused to hear an application by their lawyer in a case against Miguna Miguna.
The DPP’s office failed to shield the IG and Kinoti from honouring court summons in an application that sought to excuse the two from personally attending court on Thursday.
Senior State counsel Duncan Ondimu wrote an application to the Registrar stating that the two filed affidavits last week to explain their busy schedule maintaining that their appearance was not “necessary”.
Justice Luka Kimaru, who had summoned the police chiefs, failed to show up to listen to the applications by lawyer Ondimu maintaining he was not aware of the request.
[caption caption="Justice Luka Kimaru"]
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The court Clerk announced to lawyers who turned up for the lawsuit that the case will not be heard as they had earlier been informed.
“We have been told the judge has said he is unaware of today’s application,” lawyer Cliff Ombetta told journalists at the High Court.
IG Boinnet and Kinoti were still required to present themselves on Thursday to explain why they should not be punished for disobeying orders requiring them to produce the self-professed NRM General Miguna Miguna in court.
Ondimu had in his letter argued it will not be in the interest of justice and issues surrounding national security for the IG and DCI boss to appear before the court.
The lawyer argued that the affidavits filed by IG Boinnet and Kinoti and another one by Immigration boss Gordon Kihalagwa explaining the circumstances under which Miguna was deported were sufficient.
[caption caption="IG Joseph Boinnet"]
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The police Chiefs are facing contempt of court charges for failing to produce the embattled lawyer who was deported to Canada on allegations that he had renounced his Kenyan Citizenship.
