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Produce Miguna by 2pm, Court tells IG Boinnet, DCI

By Faith Karanja | Published Mon, February 5th 2018 at 12:26, Updated February 5th 2018 at 12:59 GMT +3
Miguna was arrested last week over his role in the controversial swearing-in of Raila Odinga [Edward kiplimo, Standard]

High Court has ordered the Director of Criminal Investigations(DCI) and Director of Public Prosecutions (DPP) and Inspector General (IG) to produce the self-proclaimed National Resistance Movement (NRM) General Miguna Miguna in court by 2pm today.

Judge Luka Kimaru issued the directive after the police failed to produce him before court today at 9.00 am as ordered last Friday.

Miguna’s Lawyer Peter Kaluma in an address to the press outside Milimani Law Courts said the IG risks contempt if he fails to adhere by the orders of the court.

“DPP says that they do not know where Miguna is being detained by police. The police are uncooperative regarding to where the applicant is being held,” said Kaluma.

Kaluma would add that he had received information that Miguna had been taken to Naivasha and was set to be presented before chief magistrate’s court there.

State counsel Peter Malinyani urged the court to issue summons to the IG and DCI boss to produce the applicant in court.

He said they are yet to establish the whereabouts of the applicant adding that they were unable to respond to the application filed by Miguna on Friday since the police are uncooperative.

Miguna was last week released on Sh50,000 cash bail.

On Friday, while issuing the orders, Justice James Wakiaga also directed the applicant to serve the Inspector General of police and DPP in person.

Miguna through lawyer Nelson Havi and John Khaminwa told Wakiaga that his home in Runda was ‘bombed’ by state agents and its occupants subjected to torture and physical abuse.

Khaminwa further told the court that Miguna's property was being vandalized.

"It is therefore evident that the paramount intention of the respondent is not to vindicate or uphold the law but to unlawfully administer extra judicial justice against the applicant,” said Kaluma.

They further argued that their client fears for his life and is apprehensive that he will be tortured and abused in the hands of the police following a similar experience by Ruaraka MP TJ Kajwang'.

Through his lawyers, Miguna wants Kenya police compelled to inform the applicant the reason for the arrest in the presence of his advocates and promptly arraign him before a court of law within Nairobi County.

He also wants summons issued to the Director of Criminal investigation (DCI) and the Inspector General of police to show cause in the event that he is not released on bond, before the end of business today, stating why they should not be cited for contravening his fundamental rights.


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