Inspector General Joseph Boinnet was been exonerated of a civil jail after the Supreme Court judges led by Chief Justice David Maraga dismissed an application against him over contempt.
Supreme court Judges in their ruling stated that they did not find Boinnet in contempt in the application filed by two Iranians Ahmad Mohammed and Sayeed Mansour who were acquitted of terrorism charges.
“We are unconvinced that the allegations of contempt of court have been proved to the required standard," the judges ruled.
"In as much as the respondents are convinced that their liberties, as contained in the constitution, are being infringed and they impute willfulness and bad faith on the part of the applicant, such inferences have been rebutted by demonstrating that he did what was sincerely believed to be in accordance with the court order,” the judges added.
[caption caption="CJ Maraga"]
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Maraga noted that Boinnet was emphatic that if the two Iranians were not held, they would leave the country for good, something not in accordance with the court's order.
The judges ruled: “Courts order did not allow the release of the two Iranians and it would, therefore, render the proceedings utterly nugatory if they were set free. Courts do not act in vain.”
The two Iranians had filed contempt of court lawsuit against IG Boinnet at the Supreme Court.
Mohammed and Mansour, whose 15-year jail term was suppressed by the Appeal Court, alleged they were held in police custody against the orders of the Apex court.
The two were initially jailed for the years after being convicted of hiding explosives they allegedly planned to use to bomb the Israeli Embassy in Nairobi six years ago.
[caption caption="IG Boinnet"]
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CJ Maraga had ordered the two be held in custody according to the law without violation of their rights pending an application by the Director of Public Prosecutions (DPP) seeking to repress their release.
