- No freedom for Miguna Miguna as police defy court order
- The judge had ordered the DCI to produce the NASA politician in court today
- His lawyers have reiterated his rights were violated
It was a day of drama as National Super Alliance (NASA) politician Miguna Miguna was shuttled between courts in three different counties yesterday.
This was before he was produced in two separate courts after five days of incarceration.
But even after the High Court ruled he should be freed, his supporters and NASA leaders waited in vain at the Milimani Law Courts in Nairobi for his release.
By 7.30pm, there was still no sign of Miguna and one of his lawyers, Otiende Amollo, said he had no idea where he was although he was supposed to have been produced in court.
At about 8pm, Justice Luka Kimaru ordered Director of Criminal Investigations (DCI) George Kinoti to produce Miguna in court at 11am today and suspended all charges facing him until he was presented in court.
At some point yesterday, there were unconfirmed reports that Miguna had been sighted on Mombasa Road under heavy police escort.
Mr Amollo’s frustration was evident from his Twitter post: “Miguna detention, the rigmarole continues! Still in court with judge, DPP and 12 lawyers and no sign of Miguna despite express orders of release. Does anyone doubt we are a failing state?”
Illegal oath
At first, Miguna appeared before Kajiado Resident Magistrate Edwin Malochi and was charged with, among other things, participating in an illegal oath, which is a treasonable offence.
He however refused to take a plea, arguing the charges were “hopelessly incompetent”. He insisted he wanted to be taken to the High Court in Nairobi.
At the Milimani Law Courts earlier, Miguna’s lawyer Harun Ndubi had applied to have his client produced.
“I’m not going to plead to a hopelessly incompetent charge. This is a violation of my rights,” he said.
Miguna was charged with three counts, the first of consenting to administer an oath to Raila, purporting to bind the NASA leader to commit the capital offence of treason.
Secondly, he was charged with taking part in an illegal assembly without informing police in Nairobi.
He was also charged with being part of an illegal outfit, the National Resistance Movement (NRM). On February 2, Miguna publicly announced he was a member of NRM at Okoa Kenya offices.
“I’ve been held incommunicado for five days without access to counsel, without access to family. I’ve been ordered to appear before a Nairobi court,” he said.
Lawyer Koin Lompo held brief for Nelson Havi, and Kennedy Murunga for Amollo. Mr Lompo referred to a ruling by Justice Kimaru, who ordered that Miguna appear before him.
He added that taking Miguna before the Kajiado magistrate was a violation of his rights, arguing the act amounted to contempt of the High Court’s order.
Miguna’s lawyers pleaded for time to get Kimaru’s orders as there was a blackout in Kajiado so they could not print the orders from a cybercafe.
Mr Murunga spoke of Kimaru’s order for release on bail.
The magistrate adjourned for 30 minutes to give his ruling. When the court reconvened, Miguna’s lawyers and the prosecutor started arguing as to whether Miguna should be charged in Kajiado.
The lawyers said he could not take a plea and should appear before Justice Kimaru, claiming the court in Kajiado lacked jurisdiction.
However, the prosecutor argued Miguna was rightly in court and therefore should take a plea.
The prosecutor added that Justice Kimaru’s order for the Director of Public Prosecutions (DPP), Director of Criminal Investigations (DCI) and Inspector General of Police (IG) to personally appear before him had been overtaken by events since the order of ‘habeas corpus’ had been fulfilled hence Miguna should take a plea.
After another break, the magistrate gave another order for police to take Miguna to the High Court in Nairobi before 3pm. It was 2.40pm at the time.
Once the High Court was through with Miguna, he would be brought back to Kajiado on February 14 to take a plea.
Kimaru yesterday ordered Miguna’s release on a Sh50,000 anticipatory bail.
“I direct immediate release of Miguna and if he has been charged then the Magistrate’s Court should consider his bail application,” said the judge.
Anticipatory bail
Kimaru said he released Miguna because he was also freed on anticipatory bail of Sh50,000 by the same court last week.
He also directed Miguna to appear in Kajiado as directed by the magistrate.
Kimaru also declined to make orders against IG Joseph Boinnet and Mr Kinoti, who he had been requested to send to jail for defying court orders to present Miguna in court.
He directed Miguna to file another application for illegal detention if he felt his rights were violated.
Kimaru added if Miguna had been charged, the court should consider his bail application.
“If the applicant is on anticipatory bail then he is a free man,” said the judge.
NASA leader Raila Odinga, Embakasi East MP Babu Owino, businessman Jimi Wanjigi, Dagoretti MP Simba Arati and Nairobi Woman Representative Esther Passaris were in court in a show of solidarity with Miguna, along with his supporters.
