The DPP’S office yesterday failed to shield Inspector General Joseph Boinnet and DCI George Kinoti from honouring court summons.
The DPP wanted the court to hear an application that sought to excuse the two police chiefs from personally attending court today, but failed.
Senior State counsel Duncan Ondimu had written to the Registrar, saying the two filed affidavits last week explaining their busy schedule and their appearance, therefore, was not “necessary”. The lawyer also wanted Justice Luka Kimaru, who summoned the two to convene the court at 2pm on Wednesday to enable him make appropriate applications - but the judge did not. Lawyers who turned up were forced to go back after they were informed by the court clerk the case was not going to be heard.
“We have been told the judge has said he is unaware of today’s application,” lawyer Cliff Ombetta said. This means the two are still required to present themselves today to explain why they should not be punished for disobeying orders requiring them to produce the self-professed NRM General Miguna Miguna in court.
Ondimu had in his letter argued it will not be in the interest of justice and issues surrounding national security for the IG and DCI to appear before court. The lawyer said the affidavits filed by the two and another by Immigration boss Gordon Kihalagwa explaining the circumstances under which Miguna was deported were sufficient.