Kidnapping And Forceful Expulsion of Miguna from Kenya

Kenyan Lawyer, a political leader and human rights activist Miguna Miguna has been in the news for everything that makes our country a terrifying place for all its citizens.

On February 6, 2018 after showing full contempt for Court Orders regarding Miguna for five days the increasingly autocratic Uhuru regime forcefully expelled him from his country of birth.

Here are the words of Fred Matiang’i the Interior Cabinet Secretary.

“Miguna Miguna who is not a citizen of Kenya whose presence in Kenya is contrary to national interest be removed from Kenya to his country of origin Canada”

The government of Kenya called this illegal forceful expulsion an act of deportation to “his country of origin”. This would be laughable if it wasn’t so sick and sad.

I know Uhuru is going crazy at State House and Matiang’i cannot believe the courage and steadfast character of Miguna but how do you deport somebody from his country of birth to another country.

I have never heard of anything like that in my long life.

We have seen all sorts of cleansing of populations and all sorts of injustices but in the scale of sheer madness where on earth do you place the concept of a person being cleansed from their own country.

Miguna was born in Kenya in 1963 in Kisumu. Both his parents are Kenyan citizens. Miguna is simply a Kenyan citizen by birth. No ifs and no buts.

Under Article 16 of the Kenyan constitution a Kenyan by birth even if a dual citizen can never lose their citizenship.

Only foreigners who acquire Kenyan citizenship by registration may lose their citizenship and even then the constitution has very clear guidelines as to the conditions under which that may happen including being convicted for serious criminal offenses and sentenced to certain jail terms.

Uhuru knows the law, Matiang’i knows the law but in this case the laws be damned as the autocrats make their own laws and bumble from chaos to chaos.

The right to citizenship is one of the basic commandments of human existence and co-existence. If you don’t have a country you pretty much have nothing. I know what it means to be stateless.

Now to take Miguna’s  country away from him and bundle him into a plane with two commando officers to take him to  Canada you are trying to rob him of everything. Country and dignity. It will not happen.

Everybody who has not been under a rock somewhere knows exactly why Miguna was arrested on February 1, 2018. It had nothing to do with his citizenship.

As the government struggled to find something or anything to charge Miguna with they kept manufacturing one lie after the other and keeping Miguna detained incommunicado which is illegal under Kenyan laws.

As Court Orders piled up demanding Miguna’s release Uhuru and his posse run out of excuses and now Judge Luka Kimaru gave a final Court Order that Miguna be produced in his court at 11.a.m February 7, 2018.

The shit hit the fan. What to do now. Then someone hit the jackpot. Let’s “deport” (expel) this guy to Canada and manufacture more lies and excuses and just muddle through hoping we get over this. Brilliant?

May be not because now Uhuru and his posse have a real nightmare in front of them. I will come to that shortly.

Now they have come up with a new claim that Miguna obtained a Kenyan passport unlawfully in 2009 because he did not declare that he was a Canadian citizen at that time. They forgot one thing. The passport does not bestow citizenship on any Kenyan born in the country.

If you have a problem with the passport you can deal with it but you cannot take away anybody’s citizenship because you have problems with their passport. This is manufactured lies.

Millions of Kenyans do not have passports. Should they be deported somewhere.
But first let’s look at the circumstances that has brought us to this sad set of events.

First the violent invasion of Miguna’s home yielded zero in terms of anything to charge Miguna with.

Now Uhuru is stuck with Miguna whose house he has destroyed and also seized his property. So the lies and invention of charges department gets to work. Nothing doing because the judges are not buying their crap.

Second the prospect of releasing Miguna as ordered by courts looks like a complete defeat of Uhuru by the defiant Miguna and NASA.

Despots can never even contemplate something like that happening. So look, look and cook something Uhuru demands from his little cranky puppets.

Last the idea of Miguna going back to his destroyed house and bringing the entire terrorist activities of Uhuru against him to light was just unthinkable.

The glaring impotence of the Uhuru despotic behaviour is they had Miguna in police cells at the court for aiding and abetting treason and the person who allegedly committed this act of treason, Raila Amolo Odinga is sitting freely in the same court.

If you want to be a dictator at least you need to know what you are doing or you just look like a foolish criminal. That is bad and that is what we have in Kenya today.

So there now we have the expulsion and it brings a ton of problems for Uhuru as follows.

1. Kidnapping and expelling a Kenyan citizen after destroying and seizing his property is an international criminal offense which Miguna can sue the Uhuru government for from wherever he is and the rest of Kenyans will be fighting it on the ground in Kenya. How does this help the dictatorship? It doesn’t.

2. There is an outstanding Court Order to release Miguna to the court and as we speak Miguna’s lawyers are still in court going on with the matter. Where that ends we don’t know yet but how does this help Uhuru.

3. The expulsion of Miguna opens a new set of frontiers on the battle to remove the dictators trying to destroy our country. In any battle when your enemies are in front you don’t give them a chance to open another frontier of battle behind you unless you are suicidal.

Now Uhuru has given us a new frontier.

The international frontier which Uhuru with his criminal activities against Kenyan patriots and democrats has opened will have very many streams.

The first is to involve the Canadian government starting with the Canada’s Minister for Immigration and Citizenship to condemn and seek redress for the criminal activities against a Kenyan with a dual citizenship of Canada.

Miguna’s home has been vandalized and his property seized. That has to be addressed upfront.

The Kenyan government has been trying to claim that Canada was complicit in the kidnapping and expulsion of Miguna. That is a lie that will be debunked publicly.

Canada can never ask another country to forcefully expel their own citizen with the help of Canada. That would make Canada part of the crime and it is manufactured nonsense by Uhuru.

The other frontier in Canada is to fight to get the Kenyan envoy expelled from this country. We have done that before when Kenyan human rights fighters forced Moi to recall then Kenyan ambassador to Canada Mr. Nyamweya.

We were demonstrating to protest human rights in Kenya and the Kenyan Embassy and Moi went nuts.

We are heading to that Embassy again within weeks and this time the issues are even more deadly because we are dealing with international crimes being committed by Uhuru.

These demos are going to spread across Europe and North America. Uhuru should ask Moi how deadly that is.

We are going to ask the Prime Minister of Canada Mr. Justin Trudeau to take a firm stand against the terrorism of Uhuru’s government against Kenyan citizens.

We will strive to extend that battle to other countries. Miguna was involved in that battle for decades and he knows the network very well.

4.The crimes against Miguna has to be taken to International Justice Sytems through the UN and other bodies including Amnesty International which is very active here in Toronto. We need to take the issue of kidnapping and expulsion to the UNHRC and deal with is there.

We also need to look into how to involve the International Criminal Court (ICC). Remember them. First the expulsion issue itself is a crime against humanity. More deadly for Uhuru and his thugs is the fact that they have killed more than 300 people including children and toddlers. We have nursery school kids and little babies being gassed by teargas while sleeping in their own kindergarten. This happened a number of times.

Those are vicious crimes against humanity specifically because the Kenyan government has not attempted to bring to justice any of the state agents who committed these crimes.

In fact Uhuru offered his sound praise for State security agents as heroes for their actions during and after the elections.

In other words murdering Kenyans and their kids was a job well done. Uhuru must take full criminal responsibility for the mass killings which are still going on with a 14 year old killed in Kibera just a few days ago.

Let’s see what the ICC thinks about that and there is nobody better suited to take that battle to the ICC than Miguna Miguna. Very soon Uhuru will hoping he can deport Miguna back to Kenya.

My message to Uhuru is be very careful what you wish for because you might just get it.

In the meantime this is our next generation of very creative and brave national leaders. I really like this group and it seems NRM is shaping its agenda carefully. A lot of work to be done.

https://www.the-star.co.ke/news/2018/02/08/nasa-pushing-for-a-fresh-presidential-poll-in-august_c1710652

Adongo Ogony is a human rights activist who lives and works in Toronto.

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By adongoogony Posted in kenya

10 comments on “Kidnapping And Forceful Expulsion of Miguna from Kenya

  1. Now here is the Mataing’i argument

    https://www.the-star.co.ke/news/2018/02/16/ive-never-been-served-court-orders-matiangi-says-on-miguna-deportation_c1716281

    The government argument is that Matiang’i was not served with court orders and therefore had no obligation to produce Miguna in court. It is a dumb argument but it is what you can expect from the Uhuru dummies.

    The court does not give a shit about Matiang’i. They just ruled that his order to deport Miguna was null and void.

    The court has now ordered DCI Chief and the Commissioner of Police who did receive the court orders to produce Miguna in court. That is because Miguna was in their custody when the court ordered them to bring him to court.

    If instead of following the court orders Uhuru’s chief security officers decided to hand over Miguna to a third party called Matiang’i to issue an illegal order and smuggle Miguna out of the country then it is up to those security officers to figure out what to do.

    If Matiang’i has even bothered to read the latest court order he will notice that it is not about him. The judge found both the DCI chief and the Police Commissioner in contempt of court.

    He could have jailed them for six months each. Instead of sending them to jail he told them to produce Miguna and dismissed the Matiang’i deportation order as a piece of nonsense.

    The security officers have not appealed against the ruling of the court which found them in contempt. Matiang’i cannot act on their behalf. He is irrelevant on the matter. The security officers have to produce Miguna and if they can’t they have to go back to court. Nobody gives a shit about Matiang’i.

    • But Adongo,
      These people have already taken law into their own hands and said that they will not follow anything the court says because they believe that arresting Miguna and sending him into exile was procedural. They even said that´s the reason they will appeal the case.

      My question is this:- how do you appeal having obeyed so many court orders? How do you appeal before you produce Miguna Miguna in court? What court will even accept this kind on nonsensical appeal?

      They were also ordered to produce Migunas passport in court next week. My belief is that they will defy this court order. They wont produce his passport because it will, their eyes, look like a complete defeat. The next thing you will hear is that the passport is lost and Miguna cannot be issued with one. These guys are mad.

      The court means nothing to Uhuru and Ruto. They have turned into total dictators. But just like those before them who have fallen, they will fall

    • Uhuru Kenyatta and William Ruto just like Moi before them have turned Kenya into one big prison. Today they barred Orengo James and Jim Wanjigi from leaving the country. Inspite of the court order they confiscated their passports at the airport and refused to return them. We have a full blown dictatorship
      see more here.

  2. Adongo

    I must say that whats happening in Kenya is dark and eerie.

    The deportation of Miguna is just one aspect perhaps given more prominence due to the persona of Miguna plus his perceived position within NRM.

    However looking around Kenya as you point out on the political front, its definitely headed towards (if not already) a vicious dictatorship, on the economic front, although those well connected continue to profit from ill gotten gains, the national economy is in tatters and we are digging or borrowing heavily to service increasing debt, a cycle that will eventually break in disaster. Socially the community is fractured beyond repair, there is no longer any sens of nationalism, only that either you are in or from the ruling tribes or you are not. Even more alarming is the blatant disregard for any form or law or order, uniforms and guns have become the new law. Members of the so called ruling tribes are comforting themselves that as long as they maintain or retain “power” it will be well for them but deep inside everybody knows how hollow that actually is and almost everyone is aware that it will only need the slightest of triggers for an outbreak of chaos.

    Perhaps this is what we need in order to regain our nationalism but looking at countries like Syria, Somalia, Congo, etc, the conflict is long drawn, and stretches on for years. Neither those with guns or from so called ruling or upper elites benefit. No amount of local or external intervention is able to cure the broken chasms. Those engaged actively in the fight experience minor victories but almost all of them eventually become casualties. The only people profiting from this are those trading in weapons of war.

    Unpopular as it may be, the country needs to officially break into at least two if not more pieces and let those who want to be in unions decide the unions of tribes

    Somewhere in there, is a tragic end and just like a watching a train wreck, we cannot pull our eyes from it, yet we can do nothing about it.

    • Folks,

      Miguna has now formally filed his case against the Kenya.
      government.

      https://www.standardmedia.co.ke/article/2001269496/miguna-fights-back-wants-government-to-pay-for-mistreating-him

      The fact that Khaminwa is the lead counsel here is very good because they don’t come as good as Khaminwa.

      This is pretty much phase one of the battle. There are a lot of things to sort out and I will get in touch with Miguna here in Toronto to see where we go.

      In the meantime there is some piece of info from Matiang’i squad which I keep seeing and which is just plain false.

      They claim that Miguna became a citizen of Canada in 1988. That is a lie. Miguna came to Canada from Swaziland in 1988. I came a year later in 1989.

      It is impossible to get a Canadian citizenship the very first year you arrive here. If you come as a refugee you must get Permanent Resident Status first.

      After you get your PR you have to live in Canada for at least 3 years and have no criminal record before you can even apply. After the application it takes a couple of years again to actually get it.

      So one thing is certain. Matiang’i does not know what he is talking about. But are the kind of things that will emerge in court.

      • Guys,
        If Uhuru and his henchmen fail to arm twist the judiciary by threatening them with death and other things like that, Miguna will win the case squarely. Apart from that he has chosen some very brave lawyers to represent him. Brave is the key word here because in Kenya,weak lawyers can be bribed to do a very shoddy job.

        Should Miguna beat them him court, which I know he will do, just believe me, that they will come up with another thing. They might even refuse to release his passport or arrest him at the airport upon arrival. These are some of the tactics despots use the world over.

        ——-
        In other news, Kalonzo Musyoka has finally bowed out of the swearing in thing. As if it matters anymore he has tried to come up with new reasons why he did not take part, none which makes sense. The last one being that since he is going to stand in 2022, the government might be out to arrest him to curtail his participation in those elections.
        What a coward.

      • Mzee and others,

        Miguna has already landed a knock out punch to Uhuru and his clowns.

        https://www.the-star.co.ke/news/2018/02/15/miguna-deportation-illegal-surrender-his-passports-kimaru-orders_c1715187.

        This is a huge ruling by the court. Uhuru and his gestapo are appealing the ruling to the Court of Appeal. I suspect they are going to look to buy a favourable ruling from Uhuru friendly members of the judiciary.

        Whatever the case this matter is headed to the Supreme Court.

        The other thing to keep in mind at this is a very small part of dealing with the abuses and torture Miguna was subjected to by Uhuru’s security agents.

        This specific issue is about an illegal deportation of a Kenyan citizen born in Kenya. The issues of illegal arrest, destruction of property, illegal detention in police cells in contempt of court orders all those are not yet addressed.

        Then we have the issue of declaring NRM a criminal entity even before such a group has been registered and with no evidence that the group are engaged in criminal activities.

        There is a lot of stuff out there but we will have to go one step at a time.

    • The confused Uhuru mob have appealed the court ruling that Miguna’s order for deportation was null and void.

      Matiang’i’s argument is that he was not party to the original courts orders and that he did not collaborate with the DCI and the police to get Miguna deported.

      Miguna was in police custody when Matiang’i grabbed him. So basically the police through their bosses handed Miguna to Matiang’i unless he kidnapped Miguna from the police cells without the knowledge of the police.

      That would be kidnaping someone already kidnapped. Lying requires some basic skills. Not with these guys.

      https://www.nation.co.ke/news/Matiangi-appeals-High-Court-order-Miguna-Miguna/1056-4306500-nt8vjsz/index.html

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