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I will make the rogue despots pay for deporting me, vows Miguna

By Cyrus Ombati | Published Thu, February 8th 2018 at 00:00, Updated February 8th 2018 at 10:25 GMT +3
Nasa Lawyer TJ Kajwang (Centre) chats with Kisumu Women Rep Roza Buyu (L) and Miguna Miguna during Nasa Leader Raila Swearing in at Uhuru Park Nairobi on Tuesday 30/01/18. [ Boniface Okendo/Standard]

A defiant Miguna Miguna yesterday lashed out at the Government's decision to deport him to Canada, vowing to make those responsible pay

In a statement issued from the Netherlands during a stopover, Miguna said he had instructed his lawyers to ensure that those behind his deportation paid for what he described as "impunity".

"I will challenge all the illegal and unconditional actions by the despots in court starting today. I have instructed a battery of competent advocates to ensure that the ongoing rogue purveyors of impunity are brought to book. They are not above the law, even though they behave as if they are,” wrote Miguna.

The vocal lawyer also said he was forcibly placed on a late night KLM Royal Dutch Airlines flight from Nairobi to Amsterdam in flagrant violation of his constitutional rights, five court orders and "common decency".

He also revisited his arrest last week and subsequent detention, accusing State agents of destroying and illegally seizing his property.

"There was a violent invasion of my home by more than 34 hooded criminals who used detonators to gain access to my residence at or about 5:30am on February 2, 2018."

Miguna said after the invasion, he was abducted and detained for five days in what he described as "the most horrendous, cruel and inhumane conditions imaginable".

"Three of the goons who kidnapped me and illegally held me incommunicado threatened to kill me. They are a chief inspector who is also an immigration officer and a senior police officer in charge of the Flying Squad," he wrote.

Kenyan citizenship

Miguna challenged the legality of his deportation, saying he had never renounced his Kenyan citizenship and that this was protected by the Constitution.

Yesterday, Ministry of Interior spokesman Mwenda Njoka claimed Miguna renounced his Kenyan citizenship years ago and acquired Canadian citizenship.

Mr Njoka further claimed that Miguna never bothered to reclaim his Kenyan citizenship in the legally prescribed manner and that he did not disclose that he had another country’s citizenship.

But Miguna accused the ministry of violating the Constitution.

"The Constitution is clear that no one can invalidate or purport to cancel the citizenship of a Kenyan-born citizen. So, Matiang’i (Interior Cabinet secretary) has no authority - and I didn’t request him to 'take me home' as he  claimed," he wrote.

He was reacting to a tweet on a Government Twitter handle named Nexus that read: "Miguna is headed home. The court ordered him released and the Interior ministry obeyed the orders and even assisted him with a flight ticket home."

The Government branded Miguna a "foreigner" before deporting him to Canada.

Dr Matiang’i signed his deportation order dated February 6.

“Miguna Miguna, who is not a citizen of Kenya and whose presence in Kenya is contrary to national interest, be removed from Kenya to his country of origin Canada,” wrote Matiang'i.

It is not clear what law the Government used to eject Miguna from Kenya as the Constitution guarantees him citizenship because he is Kenyan by birth. He was born in Nyando, Kisumu County, on December 31, 1967.

Miguna was driven from the Kajiado Law Courts and held at the Internal Container Depot (ICD) Police Station in Industrial Area before he was taken to the Jomo Kenyatta International Airport at about 6pm on Tuesday.

Immigration details

Matiang’i had asked for Miguna’s immigration details on Monday. The details showed the lawyer had a Kenyan passport.

According to ministry officials, Matiang'i received a brief on Miguna's immigration status questioning the procedure he used to regain Kenyan citizenship.

This formed the basis for signing the deportation order.

Senior immigration officers were later spotted at the airport armed with the order as Miguna was put on a KLM flight departing Nairobi for Amsterdam at midnight.

Miguna's lawyers have challenged the Government's decision to deport him, describing it as "criminal".

“How do you deport a Kenyan? This country has been overrun by criminals,” said lawyer Nelson Havi.

Observers cited instances where Miguna's citizenship was never questioned.

Last year, Miguna ran for the Nairobi governor's seat after being cleared by the Directorate of Criminal Investigations, Ethics and Anti-Corruption Commission, Higher Education Loans Board and the Independent Electoral and Boundaries Commission (IEBC).

Critics of his deportation say a rigorous vetting process, which included verifying his citizenship, preceded his clearance to vie for the position.

But according to the Government, Miguna renewed his Canadian passport on June 16, 2017, effectively making him a foreigner. Another Government official argued that Miguna did not regain his Kenyan citizenship when he came back from Canada.

A number of lawyers disagree with the Government's argument.

 

“Under Article 16 of the Constitution, a Kenyan by birth, even if dual citizen, can never lose his citizenship. Under Article 17, a foreigner who acquired Kenyan citizenship can lose it. Miguna’s deportation violates our Constitution,” said Donald Kipkorir.

Criminal charges

Miguna was supposed to be presented in court yesterday, after High Court judge Luka Kimaru barred the Director of Criminal Investigations and the Inspector General of Police from preferring any criminal charges against him.

The judge had earlier ruled the police bosses were guilty of disobeying court orders regarding his release.

Mr Kimaru had directed that police should present Miguna in court at 11am on Wednesday. Instead, he was arraigned in a magistrate's court in Kajiado County on Tuesday but did not plead to the charges preferred against him.

In Kajiado, the court ruled that Miguna should be taken before Kimaru in the High Court in Nairobi before 3pm on Tuesday for orders on his bail terms.


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