A Nairobi court on Friday, January 10 summoned Attorney General Paul Kihara Kariuki to explain the state's disregard of court orders regarding self-styled National Resistance Movement (NRM) leader Miguna Miguna.
"I direct the attorney general or a senior official from his office to appear in court and explain, on Monday, January 13," Justice Mativo stated while noting Miguna's lawyer, John Khaminwa's emphasis of the government's disobedience of court orders.
Khaminwa wanted the respondents found guilty of contempt of court arguing that they failed to ensure Miguna's re-entry was facilitated, as ordered by the court. He also sought to have Miguna compensated by the state for violating his rights.
The government maintained that it was incumbent on Miguna to re-apply for a new generation passport, advising him to do so at any Kenyan embassy. They promised to facilitate his re-entry at Jomo Kenyatta International Airport (JKIA).
Khaminwa rebutted stating that the court had ruled that Miguna be allowed to travel with his national identification card and the state not to interfere with his return.
Speaking to Kenyans.co.ke, Khaminwa explained that he asked the judge to compel the government to present the Attorney General, Solicitor General or a senior legal officer.
"My emphasis was on the disobedience of over 18 court orders on Miguna Miguna. It's unacceptable, the Attorney General or a senior official needs to explain, they cannot keep sending junior officers," he stated after leaving the court.
Miguna failed in two attempts to board flights to Jomo Kenyatta International Airport (JKIA), Nairobi on Tuesday, January 7.
He was barred from getting on Lufthansa flight LH590 in Germany and was later asked to disembark a different Air France flight from Charles De Gaulle Airport in Paris, France.
In both cases, the airlines cited a request from Kenyan authorities that Miguna be denied permission to board the flights.
The government, through Spokesperson Colonel (Rtd) Cyrus Oguna, maintained that Miguna's woes were of his own making, describing him as an unruly passenger and advising him to visit a Kenyan mission abroad to get his passport.
Khaminwa blasted Oguna and the state for their failure to obey court orders, asserting that it was not up to government officials to interpret the laws as he asked them to comply with the Justice Weldon Korir's orders.
"What is happening to Miguna is immoral and we cannot be proud of it as a nation. The government spokesperson is misleading Kenyans. The supreme interpreter of the constitution is the judge not any government official.
"What are we to do? We are lawyers, we have court orders, we don't have guns or an army," he told Kenyans.co.ke on Thursday, January 9.
