Court acquits Matiang’i in Miguna’s contempt case
By Zipporah Ngwatu, September 19, 2025A Nairobi Court of Appeal has set aside a ruling by the High Court that convicted the former Interior Cabinet Secretary Fred Matiang’i, former Inspector General of Police Joseph Boinnet and former Immigration Principal Secretary Gordon Kihalangwa for contempt of court.
The three were found guilty of disobeying orders that had been issued directing them not to block lawyer and politician Miguna Miguna from returning to the country, and also of trying to forcefully deport him.
On March 27, 2018, Miguna, through lawyer John Khaminwa, filed a Notice of Motion seeking, inter alia, certification of urgency and his immediate and unconditional release from the custody of State agents.
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He also sought to have orders be issued stating his right to re‑enter and remain in Kenya based on his Kenyan passport and national identity card or, in the alternative, a temporary entry permit and a prohibitory order restraining his removal from Kenya and the immediate return of his Canadian passport.
According to the court papers, despite subsisting court orders issued on February 26, 2018, directing facilitation of Miguna’s return, the three senior government officials and others refused to allow his re‑entry when he arrived at Jomo Kenyatta International Airport (JKIA) on March 26, 2018, at about 14:30 hours.
Notably, Miguna, through lawyer Khaminwa, argued that the three violated his rights when, at around 23:30, some armed officers attempted to remove him from the jurisdiction by forcibly putting him on a flight that was believed to be destined for Dubai.
However, Miguna refused to board and was removed, and his travel document was seized.
After the incident, Justice George Odunga summoned the three officials after the State ignored further orders to produce Miguna in court and found them guilty of contempt of court orders and fined each Ksh200,000.
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Justices Wanjiru Karanja, Lydia Achode and Joel Ngugi, on Friday, September 19, 2025, the Court of Appeal judges stated that the High Court punished the appellants (Matiang’i, Boinnet and Kihalangwa) for contempt without formally instituting a contempt application and attendant court process safeguards and set aside that ruling.
“The High Court’s rulings and orders of March 28 and 29, 2018, are set aside only to the extent that they convicted the appellants (Matiang’i, Boinnet and Kihalangwa) of contempt of court, issued a declaration that they breached Article 10 by disobeying court orders, and imposed the personal fines of Khs200,000 on each of them,” the court of Appeal judges ruled.