The court has ordered IG Joseph Boinnet and DCI boss George Kinoti to personally present lawyer Miguna Miguna in court at 9am on Tuesday.
Justice Luka Kimaru on Monday said the two openly acted in contempt of court even after being ordered twice to release the accused.
“From the submission presented before this court, it appears that police, in detaining the applicant, are operating outside the constitution and the law,” Kimaru said.
“To remedy the situation, this court therefore orders the Inspector General and Director of Criminal Investigations to appear and bring the applicant before me personally so that he can be dealt with in accordance with the law.”
He said the orders to the two top police officers should be served by the director of public prosecutions.
“Or alternatively, if he (IG) wants not to come here, he should release him today,” Kimaru said.
The judge earlier ordered the top police chiefs to produce Miguna by 2pm, failure of which the court was to consider punishing them for contempt.
Miguna was arrested at his Runda home in Nairobi on Friday following his role in the January 30 swearing-in of Raila Odinga as the people’s president.
His lawyers complained on Sunday that they were not allowed to see him at Lari police station where he was reportedly held.
Lawyers Nelson Havi and Edwin Sifuna said Miguna’s health had deteriorated yet he had not received medical attention.
“We are concerned because Miguna is not in good health yet police have denied him access to his doctor and lawyer,” Havi said.