Inspector General of Police Joseph (IG) Boinnet and Director of Criminal Investigations (DCI) George Kinoti have filed an appeal to save their jobs over the deportation of NRM’s Miguna to Canada.
In an urgent application filed at the Court of Appeal, the police chiefs argue that their jobs are at risk following the findings of Justice Luka Kimaru that they were in contempt of court.
“The applicants being state officers are at real risk of being removed from office in view of the decision of the High Court that they committed a criminal offence. They believe that their right to fair trial will be violated if the Court of Appeal does not intervene,” says lawyer Kioko Kilukumi.
In his affidavit to support the appeal, the IG points out that judge Kimaru should have summoned him to court to defend himself against the contempt instead of issuing the orders in his absence.
“The findings were about my personal liability to a criminal offence and a direct attack on my personal reputation and integrity as a state officer. Being a person facing a criminal offence of contempt, I was entitled to be presumed innocent but the judge did not give me a chance.”
DCI Kinoti has also stated that his job is on the line unless the Appellate Court intervenes to suspend the High Court decision.
The Opposition coalition last week accused Government of violating the Constitution saying its dictates allows dual citizenship.
NASA leaders demanded that the National Resistance Movement (NRM) self-proclaimed general Miguna be brought back to the country.
The leaders led by Siaya Senator James Orengo said Miguna must be brought back to his motherland adding that the NASA legal team is pursuing the matter in court to ensure he is returned.
Orengo said the Constitution allows any Kenyan who is a citizen by birth to remain Kenyan unless one denounces the citizenship.