Self-styled National Resistance Movement (NRM) leader Miguna Miguna's lawyer John Khaminwa on Monday, January 13, evoked laughter in court as he tore into a young legal officer representing the Attorney-General in the matter.
Khaminwa called for the AG Paul Kihara Kariuki or the Solicitor-General Kennedy Ogeto to appear in court as was ordered on Friday, January 10, arguing that the issue of Miguna was a serious matter with the world watching. He left the court in stitches when he told Justice John Mativo that whatever the young state lawyer was saying was not worth writing.
"Let the Attorney-General come, let the Solicitor-General come. We are not dealing with simple matters here and someone is telling us about functus officio and so on. It's a big problem facing the nation. The whole world is looking at Kenya.
"And we have an AG telling us we can only file an application, what is that? We reject him (state counsel). Let this gentleman get out of this brief, we need the Attorney-General himself or the Solicitor-General," Khaminwa asserted.
The state counsel quickly stood up to argue that according to the Constitution, the Attorney-General's powers could be exercised by himself or sub-ordinate officers attached to his office.
Khaminwa rebutted, however, dismissing the lawyer as he told Justice Mativo that the state counsel's arguments were not worth putting down on paper.
"With tremendous respect, this is the kind of talk that is most unacceptable. The country is facing a problem and we have this person..I'm glad you're not writing what he is saying. It's not worth writing at all," he retorted.
The state counsel tried to argue that Khaminwa might be unaware of the Constitutional provisions but Khaminwa's co-counsel objected to the statement which he found insulting.
"I will not take kindly to that insult, we have practiced constitutional law longer than this young boy, he can't tell us we don't know the constitution," he thundered.
Online, Miguna echoed his lawyers' sentiments as he blasted the Attorney-General for failing to appear in court after being summoned.
"Kariuki Kihara defied Justice Mativo's order to attend court today. Justice Mwita had already found Kariuki in contempt of court. Kariuki is a respondent in the case as well as the advocate for the contemnors. The court should convict and PUNISH [sic] Kariuki; not seek his 'opinion'," he tweeted.
Justice Mativo at the Milimani Law Courts on Friday, January 10 had ordered that the Attorney-General, Solicitor-General or a senior officer from the AG's office appear in court on Monday, January 13, after Khaminwa lamented the government's disregard of 18 court orders relating to Miguna's planned return to the country.
"What is happening to Miguna is immoral and we cannot be proud of it as a nation," Khaminwa told Kenyans.co.ke.
On Monday, January 13, Mativo ordered that the Attorney General Paul Kihara Kariuki give an opinion to the High Court on the breach of orders relating to Miguna's return.
In his ruling, Mativo directed that the AG as a friend to the court should shed light on the continued disobedience of court orders, either by bringing the written opinion himself or sending a representative with it. The matter will be mentioned on Tuesday, January 21.
Watch the hilarious court video below:
