Written by Joyce Nzomo
The Court of Appeal has overturned contempt of court convictions previously issued against three senior State officials over the dramatic deportation saga of lawyer-politician Miguna Miguna.
In a judgment delivered on September 19, 2025, appellate judges in Nairobi set aside the 2018 rulings that had found Dr. Fred Matiang’i (then Interior Cabinet Secretary), Major Gen. (Rtd) Dr. Gordon Kihalangwa (then Immigration Principal Secretary), and Joseph Boinnet (then Inspector General of Police) guilty of contempt of court.
The dispute dates back to March 2018, when Miguna attempted to re-enter Kenya following his earlier deportation. Despite clear High Court orders directing that he be allowed back, immigration and police officers blocked him at Jomo Kenyatta International Airport (JKIA), seized his documents, and confined him inside the airport. At one point, officers tried to forcibly place him on a flight to Dubai, but he resisted.
Outraged by the defiance, Justice George Odunga of the High Court summoned the three officials. After the State ignored further orders to produce Miguna in court, Odunga found the officials in contempt on March 28, 2018, and fined each KSh200,000 personally. He also declared their conduct a violation of Article 10 of the Constitution, which enshrines the rule of law.
The officials immediately filed an appeal, arguing that the contempt findings were reached without following due process.
In its ruling, the Court of Appeal agreed that court orders must always be respected, but faulted the High Court for punishing the officials without a properly instituted contempt application. The judges emphasized that contempt proceedings, being quasi-criminal in nature, carry serious penal consequences and therefore require a formal motion, notice, and a fair hearing.
As a result, the appellate court set aside the convictions, fines, and constitutional declarations. However, it clarified that this did not excuse disobedience of court orders, stressing that no one regardless of rank can choose which orders to obey. The court also left the door open for Miguna or any other party to file a fresh contempt application through the correct procedure. No costs were awarded, given the public law context.
