JKIA drama uncalled for, raises questions about respect for law

Nobody doubted that Miguna Miguna's homecoming—after his highly publicised deportation in February—would be dramatic. What no one expected was the melodrama that ensued at Jomo Kenyatta International Airport on Monday that climaxed with the attempted deportation of the self-styled general of the so-called National Resistance Movement (NRM) to Dubai.

After an eight-hour stand-off that involved the intervention of NASA leader Raila Odinga, Dr Miguna lost the battle to re-enter the country.

Stupefied passengers aboard an Emirates airline bound for Dubai watched as zealous Immigration officers backed by overbearing policemen bundled Miguna into their plane.

There has always been something sinister about Miguna's case; it is as if Immigration officials suddenly woke up and realised that Miguna who has contested in two previous elections (where among the requirements for clearance is proof of Kenyan citizenship) was an illegal immigrant.

Moreover, it is hard to convince a cynical public that the manhandling of Miguna has nothing to do with Raila's mock swearing-in on January 30 as the people's president.

Yet it is also unfathomable that someone would order and condone such acts of barbarism in spite of the famous Uhuru-Raila handshake. The application of what many consider crude force will no doubt discredit the compromises that came with the act.

The events following the contested August 8, 2017 General Election gave Miguna enough poisoned barbs to throw at the Jubilee-led government.

The genesis of the problem was the establishment of NRM and Miguna's self-declaration as the General of the outfit. Soon after, the Government outlawed NRM. Thereafter, Miguna was picked from his house but not without a fight as police smashed through his doors. He was later charged with treason at a Kajiado court. This was after his lawyers filed applications in court for the police to produce him in court to no avail.

In court, Miguna declined to take plea. He was deported later that night.

But High Court judge Luka Kimaru declared Miguna’s deportation illegal and directed the Director of Immigration to surrender Miguna’s confiscated passport to the court. The executive's disdain for the rule of the law was evident. It took it inordinately long to surrender the document and when it was handed over, it had been damaged.

The High Court also ruled that Miguna be allowed back to the country unconditionally.

What should concern Kenyans is the Government’s disregard for the rule of law and utter disdain for the Judiciary and what that portends for the country. The police were clearly following orders from higher up in the Jubilee government.

Indeed, Miguna’s treatment is a clear case of making mountains out of molehills. That need not have been the case.

And by stubbornly refusing to obey court orders, the Government was sending the wrong signal to its citizens and to the international community; that the law can be subverted to serve political interests of the few in power; that the law might not be applied fairly to everyone; that Kenya is a country where the rule of the jungle holds sway. That is shameful. Yet there are many Kenyans who respect the law.

For example, journalists diligently going about their work were beaten senseless and their equipment destroyed, no doubt by police officers acting "on orders from above".

In February, authorities switched Kenya’s three main TV stations NTV, Citizen and KTN News for days after covering the mock swearing-in of Mr Odinga in violation of Kenyans' right to information.

Common decency demands that citizens be treated with respect, that the rule of law be seen to work and that court orders be obeyed, for conformity to the dictates of law is what defines an orderly, civilised society.

The Government has no moral authority to demand compliance with the rule of law when it has scant respect for the same.