Kenya: Miguna vs DPP and others, High Court at Nairobi
Published: 15/Feb/2018
Source: Kenya High Court at Nairobi
Misc. Criminal Application No.57 of 2018
Extracts:
As at 3.00 p.m. on 6th February 2018, the Applicant was required to be presented before this court. In fact, at that time, although the Applicant was under the custody of the Police, he was a ward of this court pursuant to the order issued by Hon. Edwin Mulochi (RM) at Kajiado Chief Magistrate’s Court. This court is of the view that to remedy with the contempt of the orders of this court, it shall give orders that shall give the 2nd and 3rd Respondents and the Director of Immigration the opportunity to purge the contempt, and in the process, assert the authority of this court. The only way that the 2nd and 3rd Respondents and the Director of Immigration can purge the contempt of the orders of this court is by restoring the status quo as it existed as at 3.00 p.m. on 6th February 2018.
[…]
These are the orders that this court shall make to give the opportunity to the 2nd and 3rd Respondents to purge the contempt of the orders of this court:
(1) The declaration dated 6th February 2018 issued by Fred Matiang’i, Cabinet Secretary, Ministry of Interior and Coordination of National Government, in respect of the Applicant, on the advice of the Director of Immigration, under Section 33(1) of the Kenya Citizen and Immigration Act 2011 is hereby declared null and void and of no legal effect because it was issued in contempt of the orders of this court.
(2) The declaration dated 6th February 2018 issued by Fred Matiang’I, Cabinet Secretary, Ministry of Interior and Coordination of National Government in respect of the Applicant, on the advice of the Director of Immigration, under Section 43 of the Kenya Citizen and Immigration Act 2011 is hereby declared null and void and of no legal effect because it was issued in contempt of the orders of this court.
(3) The valid Kenyan Passport of the Applicant shall be surrendered to the Deputy Registrar of this court by the Director of Immigration within seven (7) days of this Ruling. That Passport shall be dealt with by the court with jurisdiction in accordance with the law.
(4) The 2nd and 3rd Respondents shall personally give a written undertaking to this court that they shall comply and give effect to the orders of this court. The undertakings shall be presented to this court within seven (7) days of this Ruling.
(5) For avoidance of doubt, upon compliance with the orders of this court, the 2nd and 3rd Respondents and the Director of Immigration are at liberty to defend the validity of their action before a court of competent jurisdiction.
(6) Leave is granted to the 2nd and 3rd Respondents and any aggrieved party to appeal against the decision of this court.
Download judgment from Kenya eLaw : http://kenyalaw.org/caselaw/cases/view/147912/