The Court of Appeal has declined to lift orders requiring IG Joseph Boinet to show up in court face to face over the illegal deportation of NRM General Miguna Miguna.
Miguna was arrested, detained for several days and forced to leave the country for Canada after stamping documents during Nasa chief Raila Odinga’s swearing-in as the People’s President.
An order was later issued for Boinnet, Immigration boss Gordon Kihalangwa and interior CS Fred Matiang’i to appear in court to defend themselves in a case of contempt.
This concerned a declaration by High Court judge Luka Kimaru that lawyer Miguna’s deportation was illegal.
The authorities then launched a bid to overturn the High Court’s decision that faulted them in the deportation.
But on Monday, judge Patrick Kiage dismissed their application saying it lacked merit.
Kiage also said he did not see the prejudice the officers would suffer with Miguna’s return.
He noted fears by the government resulted from “mere speculation” and were “far-fetched” so he could not suspend the High Court’s orders.
Miguna administered Raila’s oath alongside Ruaraka MP TJ Kajwang and Siaya Senator James Orengo, who has represented many of the coalition’s politicians in legal matters.
From Canada, the lawyer said he will be back as his Kenyan citizenship cannot be revoked since he was born in the country.
He said police should have taken him to the courts as judges ordered instead of seizing his passports and driving him to the JKIA.