Nairobi Kenya – Controversial activist and lawyer Miguna Miguna insists he did not break the law by swearing in Orange Democratic Movement (ODM) leader Raila Odinga when he ran in the 2017 elections.
Odinga denied the election results, accusing incumbent President Uhuru Kenyatta of stealing the voice, leading to a mock swearing-in of the opposition chief at a ceremony in Nairobi’s Uhuru Park that sparked tension in the country.
Miguna was deported to Canada in 2018 after invoking Orange Democratic Movement leader Raila Odinga as âpeople’s presidentâ after the Orange Party ran in the 2017 general election.
This resulted in the arrest of several opposition leaders, including Miguna, but Odinga was neither arrested nor charged.
In an interview with KTN News on Wednesday night, Miguna said his deportation was illegal and insists that he will seek justice.
Miguna was arrested, sedated and put on a plane before being forced out of the country in connection with the swearing in. Kenya then alerted the airlines not to fly him back into the country.
The state at the time insisted that Miguna lost his Kenyan citizenship after acquiring Canadian citizenship at a time when the country did not allow dual citizenship
In the deportation order, Interior Cabinet Secretary Fred Matiang’i stated that Miguna was staying illegally in the country and that his presence in Kenya was detrimental to national interests.
“The deportation was illegal, there was absolutely no justification for taking me out of the country and arguing that I had lost my citizenship,” Miguna told the show’s host, Ken Mijungu.
When he was deported, the government claimed that Miguna lost his citizenship when he moved to Canada and obtained citizenship of the country.
âKen, you know that I’m Kenyan and that I speak Luo even better than you,â said Miguna, âthey are afraid of me and they know that I am not afraid of anything. I’m not afraid of money and they know that nobody can compromise me and that’s why they turned me off. “
Miguna insists on his deportation “because they fear that I can mobilize to resist the illegitimate government”.
Miguna was a bitter supporter of Odinga, but has since fallen out with him and has become his bitter critic.
“Raila is a fraud, he can’t stand for anything and that’s why he shook hands with Kenyatta in his own interest,” he said.
During the TV interview, Miguna hired the show host Mijung’u and asked him to show off and prove what law he had broken by being sworn in in Odinga.
“You yourself proceeded after the declaration to swear in Raila Odinga,” said Mijungu, suggesting that while the state was fined for disregarding court orders, Miguna also broke the law by holding the controversial swearing-in ceremony have carried out.
Miguna believes that a law must exist in order for him to break a law.
âSo Ken, you happened to be studying law, didn’t you? I’ll ask you a question, âsaid Miguna. âTell me what law did I break, what law did I break? says I couldn’t swear by Raila Odinga? “
The interview was marked by a long stalemate between Miguna and the show’s host, who asked for more time to explain his problems and often accused him of interrupting him.
“You cannot answer your questions, and I will answer your questions the way I want, not the way you want,” said Miguna. “You’d better be silent when I answer your questions, no! No! No! No! Ken, when you ask me a question, you keep quiet and otherwise this is not an interview. “
Former Chief Justice Willy Mutunga has started a campaign with other activists to renew their efforts to ensure Miguna returns to Kenya on November 16.
In a statement released on Wednesday, Mutunga accused the state of what he called a blatant violation of the law and multiple court orders ordering immigration to restore Miguna’s confiscated Kenyan passport and allow him to return fully to the country’s independence defense initiative the judiciary.
“I chose to embark on this journey to support and defend the independence of our judiciary, its authority and the trust of the people in it,” he said.
Mutunga continued to appeal to the government for violating Miguna’s rights by denying him entry to his motherland despite numerous court orders that allowed him to do so.
âMiguna has a court order granting him safe entry. Ideally, he should be able to enter and leave the country as he pleases, but that is not the case with immediate payment of all awards, costs and accrued interest. Justice demands nothing less, “he said.
Mutunga, who served as Kenya’s first chief justice under the 2010 Constitution, also called on the state to erase disregard findings against Interior Cabinet Secretary Fred Matiangi, Immigration Director-General Gordon Kihalagwa, former Police Chief Joseph Boinnet and Criminal Investigation Director George Kinoti .
“To date, none of the detractors have cleared their contempt. As a result, they continue to undermine the rule of law and violate the oath of office they took as civil servants,” he said.
The three, alongside the chief of the Flying Squad, Said Kiprotich, were fined Sh200,000 each after Judge George Odunga found they disobeyed the court.
Mutunga also called on the government to withdraw the warnings issued against Miguna in order to allow him a seamless entry into the country in November.