Was Justice Chacha Mwita right to grant miguna back his right ?
Justice Chacha Mwita has today ruled that government operatives unlawfully removed National Resistance Movement general Miguna Miguna from Kenya. He added that the complainant is a Kenyan citizen. In the ruling, Justice Mwita directed the government to pay Miguna Miguna Sh7 Million in compensation.
Justice Chacha Mwita has restated what I’ve maintained throughout: That the despots violated my fundamental rights, freedom and dignity and that I’m a Kenyan and never lost my citizenship. Thanks Dr. Khaminwa, @waikwawanyoike, @kamandamucheke, @NelsonHavi and other lawyers.
— Dr. Miguna Miguna (@MigunaMiguna) December 14, 2018
The judge further determined that no due process was followed in handling the victim’s deportation. The government failed to produce him in court within 24 hours, and deported him illegally. Furthermore, when he attempted to make entry into the country again, they forcefully detained him in a toilet.
The Ministry of Interior and Coordination of National Government was created through the executive order No. 2/2013 and is charged with mandates, including; Policy on Training of Security Personnel; Citizenship and Immigration Policy and Service; Border control Point Management; Registration of Persons Services; Registration of Births and Deaths Services;
The judge however ruled that Interior Cabinet Secretary Dr Fred Matiang’i only has powers to revoke citizenship acquired through registration. Miguna squared is a citizen by birth.
The citizenship of a person who was presumed to be a citizen by birth, as contemplated in Article 14 (4), may be revoked if–
(a) the citizenship was acquired by fraud, false representation or concealment of any material fact by any person;
(b) the nationality or parentage of the person becomes known, and reveals that the person was a citizen of another country; or
(c) the age of the person becomes known, and reveals that the person was older than eight years when found in Kenya.
Miguna Miguna’s woes started when he swore in the presidential candidate of National Strategic Alliance (NASA) as the people’s president at Uhuru Park in blatant defiance of the government.
Some considered the event treason and many NASA officials failed to attend the swearing in ceremony alongside Raila Odinga. The pack led by Stephen Kalonzo Musyoka later came out to claim that Raila Odinga had lied to them that he would call them through a Nigerian phone number only for them to see him taking the oath.
He afterwards held a press conference to declare that he was the one that had drafted and administered the oath and dared the government to arrest him.
The government took heed and arrested him. Government security personnel took him to several police stations, then brought him to court only to deport him on the same day. The events that followed subdued him and he finally remained in Canada where he has been ever since.
Miguna Miguna has since fallen out with the very man he swore in.