By KPC Reporter
The Court of Appeal has quashed contempt of court findings against former Interior Cabinet Secretary (CS) Fred Matiang’i over the 2018 deportation saga involving lawyer Miguna Miguna.
The contempt charges arose from accusations that senior government officials disobeyed court orders requiring Dr Miguna’s release and production in court.
Alongside Dr Matiang’i, the High Court had also found Major General (Rtd) Gordon Kihalangwa, then Principal Secretary for Immigration, and Joseph Boinnet, the former Inspector-General of Police, guilty of contempt.
The three were each fined KShs 200,000 in 2018 for failing to comply with Justice George Odunga’s orders.
In its ruling delivered on 19 September 2025, the appellate bench of Justices Wanjiru Karanja, Lydia Achode and Joel Ngugi held that while defiance of court orders is a grave affront to the rule of law, the process followed in punishing the officials was irregular.
The judges found that no formal contempt application had been filed and the officials were denied due process safeguards.
“Court orders are not suggestions or pleas… however, penal consequences cannot be imposed without due process,” the bench stated, setting aside the fines and declarations of constitutional breaches.
The court stressed that nothing prevents a fresh application for contempt being filed, but underscored the importance of fair procedure.
The verdict lands as Dr Matiang’i is increasingly linked to a possible bid for the presidency in 2027.
Once a powerful figure in President Uhuru Kenyatta’s administration, hailed for reforms in education and security, Dr Matiang’i now seeks to reposition himself as a defender of constitutionalism and governance.
Political analysts say the lifting of the contempt tag may bolster his credibility as he tests his chances in a crowded opposition field.