The High Court in is today February 6 expected to rule on whether the proceedings at the Kajiado Resident Magistrate court where Miguna Miguna has been arraigned will be stopped or proceed
Earlier in the day, Magistrate Edwin Mulochi ruled Miguna-Miguna should appear at the High Court in Nairobi and then back in Kajiado on February 14 to take a plea.
Appearing before Judge Luka Kimaru, Miguna’s lawyer Harun Ndubi applied to have his client produced at Milimani law courts as ordered by the court.
Deputy Director of Public Prosecutions Nicholas Mutuku said that Miguna has already been produced to Kajiado Law Courts and the proceedings are ongoing.
“Miguna is not in custody of the DPP now because he has already been produced in court and the matter before High Court has been overtaken by events,” said Mutuko.
The Inspector General of Police Joseph Boinett and the Acting Director of Criminal Investigations George Kinoti, who had been ordered to appear in court or produce Miguna sent their representatives.
The duo said that they were attending official meetings and could not appear in court.
Lawyer Harun Ndubi maintained that Miguna’s fundamental rights have been violated because he has been in custody for close to four days.
Ndubi told the court that one should not be held in custody for over 24 hours without being produced to court.
The lawyer added that the DPP's attempt to close the file and the matter before Justice Kimaru was tantamount to forcing a court of law to aid impunity.
Another lawyer, John Khaminwa, told the court that Miguna’s fundamental rights had been violated and he should be allowed to say what he has been subjected to.
“A superior court should issue orders stopping a proceeding at lower courts in a case where fundamental rights have been violated,” said Khaminwa.
He added that a judge has powers to issue permanent orders to subordinate courts.
Nairobi Women representative Esther Passaris and Suba Member of Parliament John Mbadi while addressing the press outside the court said Miguna could have been tortured by the police and that is why the police had taken him to Kajiado.
NASA leader Raila Odinga, businessman Jimmy Wanjigi and MPs Babu Owino and Simba Arati were also at the court waiting for Miguna-Miguna to be brought from Kajiado.
