The Court of Appeal has cleared former Interior Cabinet Secretary Fred Matiang’i of contempt, overturning a Ksh200,000 fine imposed seven years ago in relation to the deportation of lawyer Miguna Miguna.
Miguna had moved to court in February 2018, seeking his unconditional release and an order compelling the government to facilitate his return to Kenya.
He accused senior state officials of denying him re-entry when he arrived at Jomo Kenyatta International Airport (JKIA) on March 26, 2018.
In a ruling on Friday, September 19, appellate judges Wanjiru Karanja, Lydia Achode, and Joel Ngugi set aside the 2018 High Court ruling that had fined Matiang’i, former Immigration Principal Secretary Gordon Kihalangwa, and former Inspector-General of Police Joseph Boinnet.
The three had been found guilty of contempt for failing to obey court orders directing Miguna’s unconditional release.
Matiang’i Cleared in Miguna Miguna Deportation Case, Ksh 200K Fine Overturned
In their decision, the appellate judges said the High Court imposed the punishment without a properly instituted contempt application.
“The High Court’s rulings and orders of 28th and 29th March 2018 are set aside only to the extent that they (i) convicted the appellants of contempt of court; (ii) issued a declaration that the appellants breached Article 10 by disobeying court orders; and (iii) imposed the personal fines of KShs. 200,000 on each appellant,” the judges said.
“The appeal is allowed on the narrow ground that the High Court punished the appellants for contempt without a formally instituted contempt application and attendant due process safeguards.”
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They further clarified that their decision did not prevent Miguna—or any other competent party—from filing a fresh contempt application before the High Court to be heard and determined on merit.
High Court Found Miguna of Contempt in 2018
The case traces back to March 2018, when Miguna, who had been deported earlier that year, attempted to return to Kenya. Immigration officials blocked his entry despite existing court orders, confiscated his passport, and detained him after he refused to board a flight to Dubai.
His lawyers, led by Dr John Khaminwa and Nelson Havi, challenged the government’s actions, insisting on his right to citizenship and travel documents.
Justice George Odunga ruled in Miguna’s favour, declaring that senior government officials had disobeyed court orders.
In his decision, the judge found Fred Matiang’i, Gordon Kihalangwa, and Joseph Boinett guilty of contempt of court. He fined each of them Ksh200,000, which was to be deducted directly from their salaries.
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The Judge expressed concern that the three had failed to appear in court and emphasized the serious violation posed by their disobedience of the court order.
“A declaration that the 1st, 2nd and 3rd Respondents have violated Article 10… by failing to adhere to the rule of law… Each of the 1st, 2nd and 3rd Respondents are hereby penalised to pay Kshs 200,000.00 personally… to be deducted directly from their next month’s salaries,” Justice Odunga ruled then.
Matiang’i, Kihalangwa, and Boinnet appealed the contempt ruling, faulting the High Court for proceeding on an oral application instead of a formal motion, relying on inherent jurisdiction instead of the Contempt of Court Act, and issuing substantive orders on a mention date.
They also argued that the High Court denied them a fair hearing, including the chance to mitigate, failed to consider an intended application to set aside the ruling, and made orders they claimed were impossible to execute given Miguna’s conduct at JKIA.
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