Former Interior Cabinet Secretary Fred Matiang’i has scored a major legal victory in his long-running battle with controversial lawyer Miguna Miguna. The Court of Appeal has overturned a contempt ruling that had been issued against him.
The ruling, delivered on Friday, September 19, cleared Matiang’i, former Police Chief Joseph Boinnet, and ex-Immigration boss Gordon Kihalangwa of contempt charges. The court also scrapped the Ksh200,000 fine that had been imposed on them.
The appellate judges ruled that the High Court had issued the contempt conviction and fine without following the proper legal steps.
The original case dates back to 2018 when Justice George Odunga found the three officials guilty of contempt for failing to follow a court order to release Miguna from detention at Jomo Kenyatta International Airport (JKIA) and present him in court.
The dispute started in March 2018 after Miguna tried to return to Kenya despite having been deported the month before. He claimed that even though he had valid travel documents and court orders allowing his return, armed officers blocked him at Terminal 2, took his passport, and attempted to put him on an outgoing flight.
Justice Odunga, acting on an urgent application, ordered the officials to produce Miguna in court and later found them in violation of the Constitution, imposing fines on them.
Matiang’i and his co-accused argued that the judge had relied on an oral application and the court’s inherent powers instead of following the Contempt of Court Act. Miguna’s lawyers insisted the High Court acted correctly to protect its authority and ensure his release, claiming the officials were properly served with the orders through JKIA postings and official social media accounts.
The Court of Appeal clarified that while disobeying court orders is serious, the procedure used to convict the officials was flawed. The judges emphasized that their decision only addressed the legal steps taken and did not excuse ignoring court orders.
“Our holding is narrow: the fines and sanctions imposed on 28th–29th March 2018 cannot stand without a formal motion and proper due process,” the court said.
