On Thursday Justice Odunga found the Interior Cabinet Secretary Fred Matiang’I, Inspector-General of Police Joseph Boinett and Immigration Principal Secretary Gordon Kihalang’wa guilty of contempt of the court by disobeying the court orders demanding for the release of lawyer Miguna.
Odunga spared the state officials a jail term and instead fined them Sh200,000 each from their April salaries. He pointed out that he could not issue the warrants of arrest against them since they are in charge of the security in the country and cannot be arrested by police officers who are their juniors.
Odunga in his ruling, however, stated that their disobedience showed they are not suitable to hold a public office after being found guilty and fined for the contempt of court. He pointed out that the most appropriate punishment for them would be declaring that they have violated the constitution by failing to adhere to the rule of law.
“The three officials have conducted themselves in the most despicable manner and the most appropriate order is to issue a declaration that they have violated Article 10 of the Constitution for repeatedly disobeying court orders to release Miguna,” Odunga stated in his ruling.
Violating Article 10 of the Constitution which provides for national values and principles of governance deems one to have failed the leadership and integrity test provided in chapter six of the Constitution and one can be declared unfit to hold public office.
This now means the three state officials are liable for removal from office after appropriate removal procedures are instituted. The ruling that they violated article 10 of the constitution now means any citizen can successfully petition their removal from office.