Miguna recounts his ordeal under brief detention, threatens to sue state

NASA strategist and politician Dr Miguna Miguna is considering filing a civil suit against the state after he was held at Mtwapa by police to stop him from joining NASA leader Raila Odinga in a Kilifi hotel.

Miguna said the state violated his right of movement and association after about 30 police officers led by an OCPD stopped him between 4.30 pm and 7 pm until the NASA meeting was over at the Sun N' Sand Beach resort.

On Monday evening the top policeman in Coast Larry Kieng declined to discuss this matter when The Standard sought his side of the story. Kieng claimed he was not aware that any arrest of this nature.

"I am consulting with a view to constituting a civil suit against the state illegally holding by the roadside at Mtwapa. Clearly this is a violation of my rights to freedom of association and movement," Miguna said.

He claimed he was trailed in an elaborate scheme coordinated from Nairobi as he saw a senior police officer present among the 30 police officers although he did not speak to him.

Miguna noted that the team that harassed him also included National Intelligence Service officers.

According to him all was not well after he landed in Mombasa at about 3pm as there were many roadblocks on a quiet Sunday afternoon.

"The driver who came to pick him up from the airport informed me he had not seen the roadblocks when he was coming for me," he said.

He said a vehicle was later sent from the Mombasa county government to join him as he tried to evade the roadblocks but he was stopped by the huge contingent when he approached Mtwapa and asked where he was going.

"The police officers told me they had instructions not to allow me to proceed to the hotel. There was a bitter argument when they told me to go the Mtwapa police station without telling me why I should go there and I refused. I asked them to allow me walk away after stopping my car or allow me hire another vehicle but they refused," he argued.

Mombasa ODM chairman Mohamed Hatimy who accompanied Mr Miguna said the outspoken lawyer and politician was only targeted for harassment to ensure he did not attend Raila's meeting with NASA leaders and party delegates in Kilifi.

"Several police officers stopped Mr Miguna at a check point near Mtwapa police station and engaged him in a bitter argument for a long time to ensure he did not attend the meeting. He protested against gross violation of his rights but police ensured he did not move," Hatimy said.

Miguna said the police officers cocked their guns when the Mombasa county government vehicle tried to move away and they threatened to arrest the driver.

"They also harassed members of the public and motorists who came to greet me and watch the unfolding drama," he argued.

Miguna said he finally heard the police officers say that the meeting at Sun N' Sand was over and then they let him go.

"I had to retreat to a hotel where I spent the night and travelled back to Nairobi today (Monday). The police treated me just like a criminal," Miguna protested.

He claimed the Jubilee government has become too rough and despotic but warned that Kenya was not like Uganda where citizens' rights could be violated with impunity.

Dr Miguna was travelling to the hotel to meet NASA leaders including ODM Raila Odinga, Mombasa governor Hassan Ali Joho, Kilifi governor Amason Kingi and others. The daylong meeting was convened to discuss NASA’s strategy against Jubilee including Raila’s declared intention to be sworn-in as president through the mandate of The Peoples Convention.

According to Kilifi Senator Stewart Madzayo soldiers who were part of a security contingent flagged down a car carrying Miguna and asked him to come out after identifying him as the vehicle approached Bamburi police station.

“Miguna declined to come out of the vehicle and there was a standoff. As we speak now a crowd has begun gathering and the people are demanding Miguna’s freedom,” said Madzayo.