How Judiciary Can Save Miguna From State Impunity

Chief Justice David Maraga taking oath of office [Photo/Courtesy]

In Miguna’s case, the Executive has continued to flex its muscles, proving for the umpteenth time that orders issued by the Judiciary no longer mean anything, especially when they are issued against top state officers.

Attempts by the exiled lawyer to enter into his motherland on Tuesday were once again frustrated by the executive in total disregard of the orders issued on Monday by the High Court.

On Tuesday night, it became clear that the government, the office of the President, in particular, has been bluffing on granting Miguna unconditional entry into the country despite and earlier stand that every Kenyan has freedom of speech.

Miguna, a fierce critic of President Uhuru Kenyatta, had accused the office of the President of issuing a red alert to Germany’s Lufthansa airline, threatening that its plane won’t be allowed to touch down at the Jomo Kenyatta International Aiport (JKIA) if it had the firebrand barrister on board.

Read: Lawyer Miguna Miguna Ejected from a Nairobi Bound Air France Flight

The country later learnt that the red alert had been issued to all inbound flights after Miguna was ejected from a France airline plane minutes past 9 PM Tuesday. He was expected to land in Kenya at 9.45 AM Wednesday.

Just like Lufthansa airline, Air France confirmed that it had orders not to allow Miguna, who has in the past been deported to Canada twice and had his Kenyan passport illegally seized by the government, in any of its planes to Kenya or any African country.

Acting with utmost impunity the state went against Kenyans’ backs, to block Miguna’s entry despite,  Alexander Muteshi, the Immigration services Director General issuing a statement on Monday indicating that the government would facilitate Miguna’s entry as per High Court orders dated December 14, 2018.

“The Directorate has been informed that Dr Miguna Miguna will travel to Kenya on Tuesday, January 7, 2020.  This is to confirm that in compliance with the court orders issued on December 14, 2018, the Directorate will facilitate Dr Miguna’s entry into Kenya, ” the statement read.

Read Also: Time To Use Your Teeth, Senator Murkomen Tells CJ Maraga As He Pledges Support

The orders by Justice Enock Chacha Mwita ruled that Miguna’s deportation In March 2018 was unlawful and in violation of the Constitution.

Justice Mwita further affirmed that the cancellation and the declaration that he was a prohibited immigrant were unconstitutional.

He dismissed the government’s narrative that Miguna is not a Kenyan citizen.

“I find and hold that he did not lose his citizenship upon acquiring a Canadian passport,“ Justice Mwita mentioned concerning his passport.

Read also: Angry CJ Maraga Decries Disrespect By the State, Vows To Skive Gov’t Functions

This and tens of court orders issued against Interior Cabinet Secretary Fred Matiang’i and officers in the Immigration department continue to be ignored.

This has left Kenyans wondering why the Judiciary has kept mum as the executive frustrates its Kenyan citizen despite its valid orders.

Chief Justice David Maraga recently accused the Executive led by President Uhuru Kenyatta of an attempt to compromise its ability to deliver to Kenyans. He even indicated that some CSs were keen to remove him from office for issuing certain orders against them. Has he bowed to pressure?

Read Also: Red Alert Issued By President After Court Order, Gov’t Threatened Lufthansa Airline – Miguna

To save Miguna from his woes, the Judiciary must act decisively.

This includes, just like Miguna said recently, the Judiciary suspending all ongoing cases at the High Court by the Directorate of Criminal Investigations (DCI) Directorate of Public Prosecutions (DPP) and different state organs like the ones from the Ministry of Interior, until such a time the government obeys valid orders issued by the court.

Miguna was first forced out of the country on February 7, 2018, after being in police custody for days following his arrest for presiding over former Prime Minister Raila Odinga’s oath as the people’s president on January 30, 2018.

Reports indicate that the ODM leader, who has been a victim of Miguna’s criticism, over going to bed with the Jubilee government and betraying millions of Kenyans, is one of the individuals, keen to block Miguna’s homecoming over fears of aiding Deputy President William Ruto ascend to the top seat in 2022.

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Written by Wycliffe Nyamasege


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