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Miguna deportation: Boinnet, Kinoti appeal contempt ruling

Inspector General of Police Joseph Boinnet speaks with an officer during the inaugural Kenya Police College Open Day, February 9, 2018. /COURTESY
Inspector General of Police Joseph Boinnet speaks with an officer during the inaugural Kenya Police College Open Day, February 9, 2018. /COURTESY

IG Joseph Boinnet and DCI boss George Kinoti have launched a bid to overturn the High Court's decision that faulted them in lawyer Miguna Miguna’s deportation.

The two police chiefs want the Court of Appeal to suspend Justice Luka Kimaru’s decision pending the determination of their appeal.

They were found guilty of contempt for their roles in the controversial deportation of the combative self-declared NRM General.

Miguna was deported to Canada of February 6 after taking part in the 'swearing-in of Nasa leader Raila Odinga at the People's President on January 30.

Boinnet and Kinoti were required to produce him in court on that day but they instead handed him to Immigration boss Gordon Kihalangwa.

The latter deported the lawyer following a .

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In affidavits filed through lawyer Kioko Kilukumi, Boinnet and Kinoti fault justice Kimaru for making the decision without giving them an opportunity to defend their position.

"I was found to have committed contempt of court, a criminal offence, without any hearing whatsoever contrary to Article 47 of the Constitution, the Fair Administrative Action Act and the common law rules of natural justice," Boinnet says.

The officers noted they were entitled to the presumption of innocence, pending the presentation of proof, and to be promptly informed by the trial court that they were entitled to legal representation.

"It became apparent that it was no longer about offices cited as respondents but my personal liability to a criminal offence," the IG states in his affidavit.

Kinoti argues that the court failed to adhere to the constitutional guidelines on fair trial.

The duo says they were entitled to adduce and challenge any evidence presented before the court before being held in contempt.