Youths light tires and barricade roads in Kisumu. PHOTO/STANDARD MEDIA
By ABDULHAKIM SHERMAN
newdesk@reporter.co.ke
Self-styled National Resistance Movement general Miguna Miguna has accused the media of misleading the public concerning events surrounding his failure to be allowed into the county after he returned from Canada following his deportation.
In a note headlined ‘Many aspects of your reports are inaccurate and distorted,’ he signed off as from a toilet at Terminal 2 at the Jomo Kenyatta International Airport (JKIA), Dr Miguna said contrary to media reports that he was given forms to apply for a new passport before being allowed into the country which he allegedly tore, termed the reports as false and misleading.
“No one gave me passport application forms to fill. I couldn’t have torn a document I was not given. What I was given and tore at 2:30pm on March 27, 2018 – not in the morning as falsely claimed by the despots and your compromised media – was a citizenship application form. I am a Kenyan by birth who has never renounced his citizenship,” he said.
At the same time, Hundreds of Opposition supporters took to streets to protest against the detention of self-proclaimed National Resistance Movement (NRM) general Miguna Miguna.
They lit bonfires on the road demanding justice and equity in handling Miguna affairs Traffic was disrupted as the youths blocked the main highway that links Kisumu and Kakamega towns, forcing motorists to use alternative routes.
Dr Miguna said Justice Luka Kimaru nullified Interior Cabinet Secretary Fred Matiang’i,s illegal bureaucratic fiats relating to his citizenship and passport. He said the judge further ordered Dr Matiang’i and Director of Immigration Gordon Kihalangwa Kihalangwa to deliver his valid Kenyan passport to the court.
“Justice Chacha Mwita also ordered Matiang’i and Kihalangwa to issue me with a new Kenyan passport without the requirement of applying for the same. Justice Mawita also ordered Matiang’i and Kihalangwa to facilitate my re-entry to Kenya as a Kenyan; not as a foreigner, tourist or visitor,” he sad.
National Resistance Movement (NRM) general Miguna Miguna. PHOTO/CITIZENTV
Dr Miguna said in addition, Dr Matiang’i suspended visa requirements from visitors from western nations last month.
“In other words, the despots are treating me far worse than they treat aliens. I will never negotiate over my inalienable rights. Citizenship by birth is a sancrosant right that I will never allow anyone to abrogate,” he affirmed.
Dr Miguna said today was the third day I am being held in incommunicado illegal detention despite 10 court orders directing that he be released unconditionally.
“Finally, the unfettered right of a citizen to hold a passport and travel in or outside the country unhindered is another right I will not negotiate over,” he added.
Meanwhile, the High Court has now ordered three senior government officials to appear in court in person this afternoon over Dr Miguna’s citizenship case.
Justice George Odunga on Wednesday said Dr Matiang’i, Director of Immigration Kihalangwa, and Inspector-General of Police Joseph Boinnet should appear before him at 2pm.
During the court session, lawyers for Dr Miguna and the government clashed over continued detention of the lawyer at JKIA.
According to Nation, this was after State Counsel Charles Muyinda sought the court’s audience to have orders for Dr Miguna’s release reviewed.
He argued that the orders granted on Tuesday were given “without full disclosure of facts”, and that Dr Miguna is still being held at JKIA because he is yet to be processed.
He argued that JKIA is “a no man’s land” and the fiery lawyer is technically yet to step on Kenyan soil.
He said there is no arrogance on the part of the state officials with regards to complying with court orders on the Nasa activist’s release.
He wanted the matter heard in the afternoon to allow him present filed responses explaining reasons as to why Dr Miguna has not been allowed to appear in court as ordered.
He insisted that government is acting in compliance with Justice Enoch Chacha Mwita’s order, who directed that Dr Miguna return to Kenya after he was illegally deported to Canada.
But James Orengo, for Dr Miguna, wanted the government denied audience, citing contempt.
He said the court ordered the state to deposit Dr Miguna’s passport but they surrendered a perforated one.
He said court orders must be obeyed.
“It is not for one, mighty or small, status in society or not, to choose which orders to obey and which ones not,” he said.
In his ruling, judge Odunga also ordered that the sued parties in the case facilitate Dr Miguna Miguna’s safe passage to court before that time.
“It is not in doubt that the order to produce Dr Miguna in court today was served, the issue of processing him does not arise and there’s nothing which convince me that there is a difficulty in bring him,” ruled Justice Odunga.
He added: “for avoidance of doubt the orders issued yesterday by Justice Roselyn Aburili must be complied with before 2.30pm when the matter comes up this afternoon.”
The judge pointed out that unless the order to have him produced in court is complied with, the case cannot proceed to inter-party hearing.
