IG Joseph Boinnet and DCI George Kinoti don't have to go to court in person on February 15 for lawyer Miguna Miguna's case, the DPP has said.
In a letter to the registrar dated February 13, senior counsel Duncan Ondimu noted the two filed affidavits explaining circumstances under which Miguna was deported.
"They did file affidavits explaining how the applicant was arrested ... and based on the detailed affidavits, it is our submission that it is not necessary for them to appear before the honorable court on Thursday."
Ondimu further said the nature of the respondents' duties and responsibilities does not allow them to appear in court.
"It will not be in the interest of justice and issues surrounding national security for the second and third respondent to appear before this court."
He also noted they are held up in security meetings and that the Law Society of Kenya is planning demonstrations on the same day.
"[LSK's demos] clearly affect how proceedings are undertaken and infringe on the rights of the police bosses," he said.
Ondimu asked the registrar to place the matter before the judge and note its urgency.
"We further request that the matter be mentioned today at 2pm to enable the respondents to make appropriate applications."
On February 7, High Court judge Luka Kimaru ordered the IG and DCI to personally appear in court to show cause why they should not be punished for disobeying court orders.
Kimaru issued the orders during a hearing of the case where police were directed to personally present the self-proclaimed NRM general.
Following the intrigues of Miguna's deportation to Canada, Chief Justice David Maraga warned all Kenyans against disobeying court orders saying its inimical to the rule of law.
Last week, Boinnet refuted claims he disobeyed court directives for the release of the lawyer on February 6.
"I am well aware that the judiciary plays a critical role in our country and I have never disobeyed any court order once brought to my attention," he said.
And in an affidavit dated February 9, the IG said he sent a representative to court as he was away on a National Security Council meeting.