Justice George Odunga on Wednesday evening found Interior CS Fred Matiang'i, Inspector General Joseph Boinnet and Immigration Principal Secretary Gordon Kahalangwa guilty of contempt of court.
Issuing a ruling regarding orders issued by the court for the release of lawyer Miguna Miguna, Justice Odunga directed the three to appear before the court on Thursday at 10 am for sentencing.
He further ordered the unconditional release of the Canada-based lawyer at the same time.
"Court orders must be respected and obeyed whether one agrees with them or not. This court must not make orders in vain otherwise it will be subject to ridicule.
"This court gave the three officers an opportunity to defend themselves by directing them to appear in court but they decided to go into hiding instead.
[caption caption="Justice George Odunga"]
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"It is clear that the court has been left baby-sitting its orders while those to whom they are directed continue to do their business unperturbed," noted Odunga.
If they fail to appear before the court, the judge ruled that he would proceed with the sentencing.
The respondents all failed to appear before Odunga on Wednesday, prompting Miguna's lawyers to call for their sentencing.
Lawyer John Khaminwa suggested sentencing of the three for failing to produce Miguna in Court, sentiments that were echoed by Senior Counsel James Orengo noting that the respondents should be jailed for six months for contempt of court.
"The punishment for contempt is a maximum of 6 months. We ask that you jail CS Fred Matiang'i, IG Joseph Boinnet, Immigration Director Gordon Kihalangwa and Director of Criminal Investigations George Kinoti for 6 months," stated Orengo.
Otiende Amollo, on his part, added that during his 22 years of service as an advocate, he had never experienced such belittlement of the courts.
"The petitioner is represented by eight lawyers with a cumulative experience of 320 years. But the respondents sent two young people who I doubt have a cumulative experience of 6 years.
"This is great contempt," he remarked.
They further argued that Miguna was being treated as a foreigner despite the fact that he was born in Kenya.
"Miguna Miguna is not a criminal. He is not a thug. He has a residence in Nairobi that the police attacked.
"He has a rural home in Nyando, Kisumu county. But his residence now is a toilet at JKIA," added Orengo.
According to advocates from the respondents' side, Matiang'i, Boinnet and Kahalangwa could make it in time because they were attending the GSU pass out parade in Embakasi.
[caption caption="CS Fred Matiang'i and President Uhuru Kenyatta"]
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