CJ Maraga to decide on case aginst IG Joseph Boinnet

Chief Justice David Maraga has been tasked with making a ruling on a cased filed by two Iranians against Inspector-General of Police Joseph Boinnet.

Who are behind the case

Ahmad Abolfathi Mohammed and Sayed Mansour Mousavi, through their lawyer Ahmednassir Abdullahi, filed contempt of court proceedings at the Supreme Court claiming that they were held by the police against orders of the highest court on the land.

Why Joseph Boinnet is in court

They filed the contempt-of-court proceedings against Mr Boinnet alleging that they were detained in a police cell in a deplorable condition in contempt of their rights enshrined in the Constitution.

What should have happened instead

The Supreme Court judges, led by CJ Maraga, had ordered that the two be held in custody in a manner that is in accordance with the law without violation of their rights.

Maraga was awaiting a pending application by the Director of Public Prosecutions (DPP) seeking to repress their release.

The duo was recently acquitted of terrorism charges whose 15-year jail term was overthrown by the Court of Appeal.

Why the two Iranians were held in custody

They were initially jailed after being convicted of concealing 15kg of RDX explosives they allegedly planned to use to bomb the Israeli Embassy in Nairobi six years ago.

The two have also challenged their continued detention in custody since January 26 without any charges being leveled against them.

Case bottom line

Justices Maraga, Njoki Ndung’u, Mohamed Ibrahim, Jackton Ojwang and Smokin Wanjala directed that they will hear the application on Wednesday next week.

This is after the two Iranians, through lawyer Ahmednasir, asked the five judges to determine the matter before the one filed by the DPP is submitted.

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