Inspector General of Police Joseph Boinnet and Director of Criminal Investigations George Kinoti have filed an application not to appear in court in person on Thursday.
The two want to be excused in the case over their role in the deportation of lawyer Miguna Miguna.
They have claimed that they will be attending a meeting on National security on Thursday.
Boinnet and Kinoti had been ordered by High Court Judge Luka Kimaru to appear in court to show cause why they should not be held in contempt.
The talk have stated that they have already sworn affidavits regarding the matter.
Kinoti and Boinnet said neither of them acted in contempt of court for failing to produce opposition politician Miguna Miguna in court on Thursday, February 8, as had been ordered by Judge Kimaru.
On Monday, Miguna filed a case in teh High court challenging his controversial deportation to Canda last week.
Miguna asked the court to suspend the government declaration that he was not a Kenyan.