About Miguna's Deportation from Kenya to Canada

[Onyango Oloo]

This is a statement Miguna issued from Amsterdam:

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[kamalet]

Feb 7, 2018 12:52:00 GMT 3 Onyango Oloo said:

This is a statement Miguna issued from Amsterdam:

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Passed through Amsterdam this morning.....and was reflecting on the Miguna case. I will not say anything more.

[jakaswanga]

Extracts of affidavit to justify Miguna’s deportation. Feb. 10, 2018, 12:30 am

By MAJ GEN GORDON KIHALANGWA



here is the legal case as per the Kenyan government

Extracts of AFFIDAVIT

MAJ. GEN (Rtd) DR. GORDON KIHALANGWA - Director of Immigration,

3. THAT I have perused Immigration file in relation to the Applicant and

I noted the following;

a) That the Applicant was born on the 31 st December 1962 in Nyando Kisumu County;

b) That sometimes in the year 1987, the Applicant applied for a Kenyan passport to enable him travel to Havana, Cuba for the 15th Congress of International Union of Students (IUS) and the World Student Conference as a Student Leader;
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c) That the said application by the Applicant herein above was rejected and on the 15th December 1987, the Department wrote to the Applicant inform!ng him of its decision to reject his passport application;

d) That on the 12th day of September 1992, the Applicant wrote to the Kenya High Commissioner in Ottawa - Canada requesting him to intervene and issue him with a Kenyan passport;

e) That in the said letter, the Applicant stated that, among others, that he fled the Country in 1998 as a political refugee and that he travelled to Canada without a Kenyan passport since his request for one had been declined in 1987;

f) That on the 3rd day of March 2009, the Applicant made another application for a Kenyan Passport at the Kisumu Passport Control office and upon receipt of the application, the then Minister InCharge of Immigration, the Late Hon. Gerald O. Kajwang approved that a duplicate file be opened at the Headquarters (Nyayo House);

g) That the Late Hon. Kajwang further instructed that the Applicant herein, who was at the time an advisor to the then Prime Minister Rt. Hon. Raila Odinga, be issued with a Kenyan passport;

h) That the Kenyan passport was illegally issued to him without any legal backing despite the fact that he already had a Canadian passport and the then repealed Constitution did not provide for dual Nationality;

4. THAT investigations by the Department revealed that the Applicant herein is a Canadian Citizen holder of Canadian passport number HP679627 and has at all time travelled in and out of the Country using several Canadian passports nos. MJ393885 AND WK944502 and that his activities in the Country were detrimental to National interest;

5. THAT I brought the above facts to the attention of the Cabinet Secretary in charge of Immigration Matters.

6. THAT the Cabinet Secretary In-Charge of Immigration matters on the 6th day of February 2018 issued a declaration under section 33( 1) and 43 of the Kenya Citizenship and Immigration Act, 2011;

7. THAT pursuant to the orders referred to in Paragraph 6, i instructed be effected;

8. THAT on 6th February 2018, the Applicant herein was arrested within the precincts of Inland Container Depot-Embakasi and taken to Jomo Kenyatta International Airport for purposes of deportation and did board KLM Airline Flight Number KL0566 to Toronto Canada via Amsterdam;

9. THAT the Department of Immigration/action taken against the applicant was guided by the Constitution of Kenya 2010,the Kenya Citizenship and Immigration Act, 2011 ,particularly section 33 and 43 and several High Court decision on similar subject;


Interior CS Fred Matiang'i is welcomed by Director General Immigration department Gordon Kihalangwa for the launch of e-Passport . photo/PATRICK VIDIJA

10.THAT the Department of Immigration was not a party to this application, consequently, we were not aware of the orders of this Honourable Court as none had been served on the Department.

Moreover, if any orders had been brought to the attention of the Department, we will definitely have complied;

Also Read:Miguna is a Canadian political refugee, not Kenyan, says Kihalangwa

[jakaswanga]

COUNT YOUR BLESSINGS WITH GENERALS LIKE KHALANGWA, OBEDIENT LIKE SMOOTH MACHINES!

This is when I love Generals. For a bureaucrat with a different training and work experience, I would spit with contempt at such mindlessness.

Why?

I would expect them to be have been informed, by dictates of the general efficiencies of their high office, that by the time Matiang'i is issuing these orders to deport, Miguna was already incommunicado, and the biggest news in town! and the obsession of many a department of state! You know, the way you expect even the laziest Kenyan history students to be aware, as you handle Migingo, that Uganda is one of Kenya's neighbours, near Ethiopia and Somalia!

But I have heard of Mwai Kibaki's confrontations with Kenyan generals, so I know what I am talking about. Khalangwa, even reading Miguna was born in Nyando, faced with Matiang'is orders, wouldn't have bothered to fathom the significance of the geographical location of Nyando. A critical look at orders from above is not his job brief! In the words of a famous poem: his is to obey and neither ask why nor how!

That is what the army does to people, if they are to rise and rise along the ranks, goodbye critical thinking. The institute just kills the independence of their minds. You saw it with Nkaissery, now you see it with Khalangwa. They will obey any order. Mobutu Sese Seko used to abuse this propensity to obedience to the realms of absurdity. He would order them alternatively to present their wives to him in various degrees of undress!

Yes Sir! At your service! They all saluted smartly!

Mwai Kibaki to Julius Karangi: 'Your name is Omollo Kotieno!'
Major General Karangi: 'Yes Sir!'
The contours of some vile remark begin to creak the Othaya genius's features. But special advisor or defence minister Njenga Karume is faster to diffuse the situation!

Lets be happy the Kenya army breeds thoroughly obedient cogs like Khalangwa and Karangi! When, on the flip side, they will be ordered to arrest Ouru, Ruto and Matiang'i for rigging elections, they will equally do so without question!

Generals with independent minds will bring the world of coup de tats upon you! And I can assure you politics is too complex to be run by men from the barracks!

Let sleeping dogs lie!

[mank]

Feb 10, 2018 15:17:52 GMT 3 jakaswanga said:

COUNT YOUR BLESSINGS WITH GENERALS LIKE KHALANGWA, OBEDIENT LIKE SMOOTH MACHINES!

This is when I love Generals. For a bureaucrat with a different training and work experience, I would spit with contempt at such mindlessness.

Why?

I would expect them to be have been informed, by dictates of the general efficiencies of their high office, that by the time Matiang'i is issuing these orders to deport, Miguna was already incommunicado, and the biggest news in town! and the obsession of many a department of state! You know, the way you expect even the laziest Kenyan history students to be aware, as you handle Migingo, that Uganda is one of Kenya's neighbours, near Ethiopia and Somalia!

But I have heard of Mwai Kibaki's confrontations with Kenyan generals, so I know what I am talking about. Khalangwa, even reading Miguna was born in Nyando, faced with Matiang'is orders, wouldn't have bothered to fathom the significance of the geographical location of Nyando. A critical look at orders from above is not his job brief! In the words of a famous poem: his is to obey and neither ask why nor how!

That is what the army does to people, if they are to rise and rise along the ranks, goodbye critical thinking. The institute just kills the independence of their minds. You saw it with Nkaissery, now you see it with Khalangwa. They will obey any order. Mobutu Sese Seko used to abuse this propensity to obedience to the realms of absurdity. He would order them alternatively to present their wives to him in various degrees of undress!

Yes Sir! At your service! They all saluted smartly!

Mwai Kibaki to Julius Karangi: 'Your name is Omollo Kotieno!'
Major General Karangi: 'Yes Sir!'
The contours of some vile remark begin to creak the Othaya genius's features. But special advisor or defence minister Njenga Karume is faster to diffuse the situation!

Lets be happy the Kenya army breeds thoroughly obedient cogs like Khalangwa and Karangi! When, on the flip side, they will be ordered to arrest Ouru, Ruto and Matiang'i for rigging elections, they will equally do so without question!

Generals with independent minds will bring the world of coup de tats upon you! And I can assure you politics is too complex to be run by men from the barracks!

Let sleeping dogs lie!

Amigo Jakaswanga, there are many truths of this world, and here you present a select few. In my view you left out the truth that is most relevant in Muguna Miguna's misfortune (I am not sure suicide passes for misfortune, but that's the word I have). Miguna Miguna picked the wrong fight, and his chosen opponent did not have to struggle in selecting his counter punch; Miguna Miguna should have seen the hand that would perfect the knockout, in which event he would have shelved his drama. But No! His eagerness to look big wouldn't let him see things as he ought, but as he wished.

Miguna Miguna framed himself perfected for a knock out in a bout that was not even scheduled. No one even bought tickets. Miguna Miguna gathered free-viewing fans and brought them to boxing event in which he was a fighter, and in which he wanted Matiangi for an opponent. Somehow he believed he would KO Matiangi just with hot words. He exhaled fire with every word (the man has a way with words) and his for-free viewership was intrigued just as he had planned. Then it was Matiangi's turn, and now Miguna Miguna lays prostrate. I would be laughing at myself if I were the comic that is Miguna in this matter, and i think it is unfair of you to help in narratives that make this anything but the comedy that it is.

[cheshirecat]

Feb 10, 2018 15:17:52 GMT 3 jakaswanga said:

COUNT YOUR BLESSINGS WITH GENERALS LIKE KHALANGWA, OBEDIENT LIKE SMOOTH MACHINES!

But I have heard of Mwai Kibaki's confrontations with Kenyan generals, so I know what I am talking about. Khalangwa, even reading Miguna was born in Nyando, faced with Matiang'is orders, wouldn't have bothered to fathom the significance of the geographical location of Nyando. A critical look at orders from above is not his job brief! In the words of a famous poem: his is to obey and neither ask why nor how!

That is what the army does to people, if they are to rise and rise along the ranks, goodbye critical thinking. The institute just kills the independence of their minds. You saw it with Nkaissery, now you see it with Khalangwa. They will obey any order. Mobutu Sese Seko used to abuse this propensity to obedience to the realms of absurdity. He would order them alternatively to present their wives to him in various degrees of undress!

Yes Sir! At your service! They all saluted smartly!

Mwai Kibaki to Julius Karangi: 'Your name is Omollo Kotieno!'
Major General Karangi: 'Yes Sir!'
The contours of some vile remark begin to creak the Othaya genius's features. But special advisor or defence minister Njenga Karume is faster to diffuse the situation!

Lets be happy the Kenya army breeds thoroughly obedient cogs like Khalangwa and Karangi! When, on the flip side, they will be ordered to arrest Ouru, Ruto and Matiang'i for rigging elections, they will equally do so without question!

Generals with independent minds will bring the world of coup de tats upon you! And I can assure you politics is too complex to be run by men from the barracks!

Let sleeping dogs lie!

Maybe they are not brainwashed. Maybe they just don't see the world the way you see it.

[jakaswanga]

Other version, who did the deportation:

How I was whisked to airport before eating my fish

- Miguna
Feb. 12, 2018, By MIGUNA MIGUNA

I am a Kenyan citizen by birth.

Pursuant to Article 13(2) of the Constitution of Kenya, 2010, Kenyan citizenship may be acquired by birth or registration.

I have never renounced my Kenyan citizenship.

Importantly, Article 16(1) of the Constitution stipulates that, “A citizen by birth does not lose citizenship by acquiring the citizenship of another country.” Canada does not require anyone applying for citizenship to renounce his or her citizenship.

Those claiming that I lost my Kenyan citizenship upon acquiring Canadian citizenship must produce credible documentary evidence proving the alleged renunciation or lose of my citizenship.

They must also explain the existence of any other mythical legal principle that would have inflicted homicide on my birthright.

Whoever makes an allegation against someone has a positive duty to prove each element of his or her allegation.

Significantly, none of my accusers has tendered credible material evidence to validate their baseless and outrageous claims.

My Kenyan citizenship was irrevocably vested on me by my mother, Margaret Suré Nyar Njoga, in a small village called Magina, nestled along the shores of River Nyando in the Kano Plains.

My mother never had a birth certificate, passport, national identity card, a driver’s license or the Kenya Revenue Authority Personal Identification Number (PIN), yet no one doubted her citizenship.

In other words, citizenship isn’t granted by government-issued documents.

Those documents are issued for the convenience of national authorities and those citizens who need them for identification, travel or for purposes of accessing credit facilities.

My Kenyan citizenship was a gift from God and our ancestors.

Article 17 of the Constitution provides that “Only citizenship acquired by registration may be revoked.”

Citizenship is not vested or evidenced by a passport; the latter is a mere travel document issued to a citizen at a stipulated fee as a right under Article 12(a) of the Constitution.

More than three quarters of Kenyans don’t possess and will never own a passport in their entire lives.

However, the fact that they neither need nor have passports doesn’t mean that they are less Kenyan than those who have passports.

Therefore, no one – I mean absolutely no one – has power or authority to waive, vitiate, invalidate or cancel my citizenship on account that I have a Canadian passport or that I acquired Canadian citizenship.

didn’t show me their police badges nor did they produce any valid search warrants.

I understand that a forged search warrant was conveniently “produced” hours after my abduction and illegal detention.

Rather than take me to the nearest police stations 500 meters away from my residence, or 1 kilometer away at Gigiri, or at the CID Headquarters, 3 kilometers away; the heavily armed hoodlums led by Said Kiprotich locked me away for 16 hours in a tiny, cold cell at the Githunguri Police Station, without access to counsel, family, consular services or physicians, after stopping for 45 minutes at the Kiambu Police Station in Kiambu town.

Before driving away with me from Runda, the hoodlums had forcefully snatched my iPhone and threatened to blind fold me.

This ensured that I couldn’t contact anyone. At about 5:30 p.m., advocates Edwin Sifuna, Waikwa Wanyoike and Willis Ochieng’ – together with the NRM-Ke youth - managed to locate my whereabouts at the Githunguri Police Station.

They were told, falsely, that I would be released that evening.

Meanwhile, xenophobic politicians like Moses Kuria and Kimani Ichung’wa had mobilized and armed the Mungiki militia who were by that time burning vehicle car tires on the roads leading out of the police station.

They were baying for my blood.

Yet, by the time my lawyers and supporters left the police station with promises by the OCS that they would be permitted to “collect me” from the police station the following day in the morning, I had been locked up again in the tiny cell.

I was denied access to the mattress and blanket the advocates had purchased for me earlier.

At about 10:30pm that day, my abductors returned and took me away.

There was no ceremony or notice.

We arrived at the Lari Police Station at about midnight.

The Lari Police Station was the worst and cruelest detention centre I was kept in.

The OCS and majority police officers were brutal. They were rude, chauvinistic, degrading and callous.

They denied me access to counsel, doctors, the toilet, food, water and a chair.

They kept me standing in the tiny dungeon for more than 24 hours each time. The dungeon was colder than the Canadian winter. I almost caught pneumonia.

I was shaking. This resulted from being exposed to the chilliness for days on end.In the afternoon of February 5th, burly Flying Squad officers entered the dungeon and said “we are leaving.” I didn’t bother to ask them “where to?” because by then I had lost hope and confidence in their humanity.

In any event, they took me to an unmarked four-wheel drive vehicle, which took off like a bullet followed by about 3 other vehicles.

Another unmarked “police” vehicle had been parked with its rear very close to the front desk of the police station.

After it was driven from the station at a high speed with a siren blaring, the media and some of my supporters started pursuing it.

They believed, wrongly, that it was the vehicle I was being transported it.

They pursued the decoy all the way to the wrong police station in Nairobi. I knew this because the hoodlums who had accompanied me were laughing heartily at how they had deceived the media.

After a long, circuitous route, I ended at the Inland Container Depot Police Station in Embakasi East through the Bypass that goes through Ruiru towards the Mombasa Highway.

For the first time, I was served with a proper meal, given access to cold running water, a tooth brush, tooth paste, two tiny blankets, tiny fragments of a blanket and a room to sleep in.

Very early in the morning of February 6th, more than 15 heavily-armed hoodlums led by Said Kiprotich, placed me in one vehicle, buffeted by numerous others, made an illegal right turn on Mombasa Road, and took off like live bullets towards Mombasa.

They drove for about one hour, refueled near the Athi River diversion, turned into the Kajiado road and continued driving at breath-taking speed.

We ended up at the Kajiado Magistrates’ Court that morning. After a lengthy wait, they took me before a magistrate who ruled, thundering that, “To expect me to allow you to disobey more than five orders from the High Court at Nairobi – a Superior Court – would be to grant you permission to perpetuate impunity and to license chaos in our country.

I cannot do that. You are ordered to take Mr. Miguna Miguna to the High Court at Milimani, Nairobi before 3 p.m. today.” Upon receiving that ruling, the hoodlums took with me like live bullets once more. A team of my lawyers and supporters took off after them in a similar fashion.

Regrettably, my lawyers and supporters gave up on the chase after my abductors had made more than 5 dangerous U-turns on the Kajiado-Nairobi road. After shaking off my lawyers, the hoodlums took the Ngong road, transferred me into another vehicle because, on their admission, “Hon. Aduma Owuor and my other supporters had taken pictures of this car...” – the one I had been placed in from the Kajiado court. However, rather than take me to the High Court at Milimani, my abductors drove me back to the Inland Container Depot Police Station on Mombasa Road.

They kept me in the vehicle for three hours. Meanwhile, a Mr. Kamau demanded my passport, refused to state why he wanted it and went away. He held onto my Kenyan passport for a long time as he constantly chatted with other strangers opposite the police station and on his mobile phone. He looked excited. At some point, the OCS asked me what I wanted to eat for dinner. I told her fish and ugali and kienyeji vegetables.

I also asked her for a pair of slippers since my feet were swollen. Thereafter, another group led by Said Kiprotich, a Mr. Owiti and Chief Inspector Njoroge, ordered me to enter a room “so that we can chat.” I asked to be allowed to visit the toilet.

They initially rudely declined before ordering three heavily armed hoodlums to accompany me into the toilet.

Immediately I emerged from the toilet, more than ten hoodlums led by Kiprotich, Owiti, Njoroge and Kamau surrounded and ordered me to accompany them to the courtyard for a forceful search.

Against my loud protest, they physically restrained me, searched and retrieved a copy of the Canadian passport, which I had then left with it.

However, before doing so, Njoroge, Kamau, Kiprotich and a Somali-looking man who accompanied me to the KLM flight that night, told me, almost as if they had rehearsed it, that killing me would be very easy, at which I retorted, quickly, “Go right ahead! What are you waiting for?” They seemed to have an adrenalin rush! As I prepared to eat the delicious wet fried fish, ugali and vegetables the nice female OCS had ordered for me; my first meal of the day, the hoodlums ordered that “we leave now!” They drove off at extremely high speeds towards Mombasa road, made sharp illegal right turns as Kiprotich stopped the oncoming traffic – wielding an assault rifle and a badge! It was the first time I realized that they were taking me to the airport.

They drove in a long convoy and parked illegally in front of the Kenya Airways departure stage.

After about 25 minutes, Kiprotich and his criminal gang emerged with my Canadian passport and a boarding pass before driving onto the runway, still armed.

At no stage did they hand me over to immigration officers as they have falsely been claiming.

Nor had they given me legal notice and accorded me a fair opportunity to respond.

In fact, they never even made any claims. At about 11:35p.m., the hoodlums removed me from the vehicle where I had now been sitting in for more than five hours, took me through a side entrance to the plane on the runway and gave the KLM crew my passport and the dirty photocopy cut-and-paste document declaring me “an unwanted immigrant.”

They also had a one-way ticket and my iPhone, which no longer worked.

Through it all, the illegitimate despotic usurpers of power – Uhuru Kenyatta and William Ruto – and their surrogate, Fred Matiang’i, have demonstrated their blatant contempt for court orders, the judicial process, the rule of law, our constitution and democratic principles.

They are determined to make Kenya a pariah ruthless authoritarian state.

As the NRM-Ke General, I cannot allow them.

My comrades, fellow patriots and friends of Kenya will defeat them.



Click here for the latest political news

[jakaswanga]

Feb 12, 2018 14:33:13 GMT 3 cheshirecat said:

Maybe they are not brainwashed. Maybe they just don't see the world the way you see it.

No they don't. If a typical General is ordered Nyando, Ahero is in Canada, that is where he will go to find Kisumu county! It takes a lot of years of harsh, dehumanising training to do that kind of thing to a human mind, I can assure you!

Even the most stupid fellow you will meet in the streets will tell you, ahem, faka is a Kenyan Luo! And it is not even that the law is an ass: since 2010 you can take it for granted Kenyan birthright is, in the words of Uhuru Kenyatta, an unbreakable holy covenant!

But you got to have a mind first to think it!

[kamalet]

Feb 12, 2018 21:03:34 GMT 3 jakaswanga said:

Feb 12, 2018 14:33:13 GMT 3 cheshirecat said:

Maybe they are not brainwashed. Maybe they just don't see the world the way you see it.

No they don't. If a typical General is ordered Nyando, Ahero is in Canada, that is where he will go to find Kisumu county! It takes a lot of years of harsh, dehumanising training to do that kind of thing to a human mind, I can assure you!

Even the most stupid fellow you will meet in the streets will tell you, ahem, faka is a Kenyan Luo! And it is not even that the law is an ass: since 2010 you can take it for granted Kenyan birthright is, in the words of Uhuru Kenyatta, an unbreakable holy covenant!

But you got to have a mind first to think it!

Jakaswanga

As Brother Mank says, Miguna picked up a fight that he was not going to win. Everyone acknowledges that Miguna is as Jaluo as they come way better than some other make-believe Luo friend of mine with a british passport and has no time for Kenya and lost his "luo-englis" accent ages ago.

But then there is something we call reality. It is TRUE that the 2010 katiba allowed Kenyans who may have renounced their citizenship on acquiring nationality of another country to make application for citizenship (as per an act of parliament) and also allowed Kenyans post-2010 who become citizens of other countries to hold dual citizenship without losing their Kenyan one.

Wehn Miguna got his Canadian citizenship, as per the law then, he lost (relinquished!) his Kenyan citizenship. Miguna has continued to hold his canadian passport ever since. What we are ignoring as we condemn the action of deporting him, is that Miguna is a beneficiary of CORRUPTION and ILLEGAL actions by Kajwang' in authorising Miguna to be issued with a Passport in 2009 merely because he worked for the PM and needed a diplomatic passport. Miguna was NOT entitled to the passport without renouncing his canadian citizenship. Even after all this and the 2010 katiba passing, he still did not make application for Kenyan citizenship (something very easy as it only entails filling out a few forms and making declarations) as required by law and for all intents and purposes the illegal holding of a Kenyan passport broke the law. For Miguna it probably gets worse if he made a statutory declaration that he was a citizen of Kenya (by law!) when submitting his election nomination papers for that is another crime.

So from where he came from, he is safer staying there. Make application as per Kenya Citizenship and Immigration Act, 2011, and you are entitled to your Kenyan citizenship. Thousands have done it, Miguna is NOT special. Simple!!

Moral: People who live in glass house do not throw stones!

[jakaswanga]

Jubilee CEO Raphael Tuju has written a scathe to Kenya's Chief Justice, David Maraga! Tuju says the Judiciary is under NASA's TIBIM spell! --When Tuju chickened out of a head-to-head with Norman Magaya, CEO of NASA, it was the final act of the evolving intellectual implosion of Jubilee. Earlier on, star Jubilee media debators had been pulled out of debate programs for the same reason, that the programs were NASA RUN, TIBIM OFFICIATED, and TIALALA manipulated. Great Media Owner Uhuru Kenyatta himself confessed, that even programs from his own TV stations were too critical for his soul's peace. He quit viewing altogether.

That typical Kenyan shout of HUYO! HUYO! was all he was hearing at him.

But is NASA that powerful as all these Jubilee paranoids narrate!?

The truth was simpler: with the likes of Miguna Miguna, Magaya, Otiende Amollo, Opondo Kaluma, James Orengo, Simba Arati and a wide host of NASA brains running peak, propaganda fellas like Moses Kuria, Kamau Wamatangi, Ngujiri Wambugu, Murkomem and Aden Duale ... kept on suffering mental knocks. The latter had power, but power wasn't translating into into convincing arguments, nor was ut swaying public opinion by other means. So they declared the TV debate programs NASA TIBIM forums! --Boycott!

Howbeit Fred Matiang'i eventually imploded in toto, evidence by his banning of the TV's transmissions on the even of Raila's oath. It was a mental meltdown for the former college don, but I am sure he is too far gone down the sewer to notice his mental degenerataion has reached brain-rot.

Now it is Rapho Tuju saying the Judiciary is NASA TIBIM! this is another escalation down the path of mental rot. read: Jubilee can not be expected to abide by the rulings of NASA courts, no!?

Eventually, like in all illigitimate regimes, the government will be left with only one option, because no amount of lies and power can cover the truth of usurpation. That option will be state terror, like we see in the Egyptian Al-Sisi. --Despite 98% voter win, AL-SISI runs a police terror state! Like Kagame, he can only afford to run against himself in the presidential election! We can see the footwork (and contours) of the hardline security state in Kenya as Matiang'i and co move around police heads, some of them rumoured to have suffered cold feet, ie, asked uncomfortable questions.

Immediate former Nairobi copper boss Japheth Koome is a tough cop. A tough killer cop. So when evidence was presented some of the killings of late in the slums of Nairobi were part of his forces, he denied ordering them. But he wanted to know who did.

Last time I heard, he was transfered before he got the answer to that! Nor, grapevine, did he know Miguna's house was to be blasted and ransacked! --Tough cop!? need to know basis only. Like every hired gun!

Now let us join the soap at the courts! Is he or is he not, a Kenyan!? was his deportation due in law, or not!? Should he have appeared before Kimaru before re-arrest for deportation!? --But the attorney General's office is empty, and so is the DPP's! call it a mental power vacuum!

Miguna Miguna's deportation is illegal, Judge Kimaru rules

By Mercy Asamba | Published Thu, February 15th 2018
Read more at: www.standardmedia.co.ke/article/2001269847/miguna-miguna-s-deportation-is-illegal-judge-kimaru-rules

I was a reprieve for Miguna Miguna on Thursday after High Court declared the decision to deport him as illegal. ALSO READ: Respond to Miguna, State told In his ruling, Judge Luka Kimaru said that at the time the fiery lawyer was deported, IG Joseph Boinnet and DCI George Kinoti were in contempt of court orders. He also ordered the Director of Immigration Gordon Kihalangwa to surrender his revoked passport to the court within seven days.

“CS Matiang’i declaration of Miguna Miguna as a foreigner and consequent deportation is declared null and void,” Judge Kimaru ruled. On Monday, the outspoken lawyer had filed a suit at the High Court through veteran counsel John Khaminwa seeking to quash the deportation orders and reinstate his citizenship. The case filed under a certificate of urgency lists seven respondents among them Interior Cabinet Secretary Fred Matiang’I, Director of Immigration Gordon Kihalangwa, Attorney General and officer in charge of flying squad Said Kiprotich.

Miguna welcomed the court ruling saying NRM and patriotic Kenyans will use the Constitution in fighting against injustices. “Kenyan patriots and freedom fighters believe in and are fully committed to the Rule of Law. We shall use the Constitution as the spear and the shield in the fight against the despots,” Miguna said in a tweet.

Miguna was deported aboard a KLM flight on the night of February 6, 2018 over what the government termed as violation of the provisions of section 33(1) and 43(1) of the Kenya Citizenship and Immigration Act, 2011. ALSO READ: Jubilee's rejuvenation of Joshua Miguna Miguna Interior Ministry spokesman Mwenda Njoka claimed Miguna lost citizenship when he acquired a Canadian passport in 1988 after his application for a Kenyan one was denied on September 12, 1987. The Government has since vowed to appeal High Court decision insisting that Miguna's deportation was procedural and done in accordance with the law.

In a statement, Interior PS Karanja Kibicho said Government’s legal team was reviewing the Thursday morning ruling before it files an appeal. “We believe the ruling by Justice Luka Kimaru which further directs the Director of Immigration Services to surrender Miguna’s illegally acquired passport within seven days is not in the best interests of the country,” read part of the statement.

DPP files notice of appeal on Miguna deportation case

Feb. 15, 2018, 6:00 pm By EMMANUEL WANJALA

The government has filed a notice of appeal against Judge Luka Kimaru's Thursday ruling that declared lawyer Miguna Miguna’s deportation illegal.

The DPP has expressed dissatisfaction with the entire decision.

"Take notice that the respondents intend to appeal to the Court of Appeal from the whole ruling given by the high court judge," principal prosecution counsel Duncan Ondimu said.

He said all the respondents named in the suit by Miguna are objected to the ruling.

They are Inspector General of Police Joseph Boinnet, DCI George Kinoti, and the DPP. LSK is an interested party in the case.

"We do, therefore, request copy of the certified record of the proceedings and the ruling to enable filling of the intended appeal," Ondimu told the registrar at the criminal division court.

In his ruling, justice Kimaru said the declaration by Interior minister Fred Matiang'i was null and void.

Read: Miguna deportation illegal, surrender his passports, Kimaru orders

He directed immigration director Gordon Kihalagwa to surrender Miguna's passports to court within seven days.

Kimaru said police should have taken the vocal lawyer to court as ordered instead of seizing his passports and deporting him.

Interior PS Karanja Kibicho, in a statement, said the ruling was not in the country's best interest.

Miguna freedom in limbo as Matiang'i appeals deportation ruling


The government is set to appeal the High Court's declaration that lawyer Muguna Miguna's deportation was illegal.

In a statement on Thursday, Interior PS Karanja Kibicho said the ruling by judge Luka Kimaru is not in the best interest of the country.

"As much as the government respects the court's decision, it still holds its earlier stated view that the deportation of Miguna was procedural and in accordance to the law."

Kibicho said Kimaru's other direction - for Miguna to be given his "illegally acquired Kenyan passport" also isn't in best interests.

"The government's legal team is reviewing the High Court order and will shortly be appealing the court decision," he noted.

Judge Kimaru ruled earlier on Thursday that the declaration by Interior minister Fred Matiang'i was null and void. He directed Immigration director Gordon Kihalagwa to surrender the lawyer's passports to court within seven days.

The government forced the National Resistance Movement 'general' to Canada after he participated in Nasa leader Raila Odinga's swearing-in at Nairobi's Uhuru Park on January 30.

More on this: Miguna deportation illegal, surrender his passports, Kimaru orders

Also read: I'll fight to the end, defiant Miguna says after deportation

Kibicho's remarks will certainly raise more concerns about the government's respect for the Judiciary. Local and international parties were alarmed by the TV stations shutdown ahead of Raila's defiant swearing-in.

The ceremony resulted in the arrest of people including Miguna. Courts wanted the lawyer to appear and be released from police custody but the orders were defied.

On Thursday, Jubilee Party gave the clearest indication yet that it could be keen on fixing the Judiciary, after it wrote a lengthy letter to Chief Justice David Maraga, accusing the courts of bias.

Read: Aluta Continua, Miguna declares after deportation nullified

Also read: Jubilee revisits the Judicary with a stinging lettter to CJ

Click here for the latest political news

[/i] [/quote]

[Onyango Oloo]

On deportation,Miguna had some suggestions for some people close to Uhuru Kenyatta:

www.kenyans.co.ke/news/27011-why-miguna-miguna-wants-first-lady-margaret-kenyatta-deported

[Onyango Oloo]

Kibe Mungai's View:


www.the-star.co.ke/news/2018/02/14/why-deporting-miguna-was-wrong_c1713852

[kamalet]

Looks like Miguna has been thrown under the bus by the cartels in NASA

[jakaswanga]

Boinnet, Kinoti plead with court to save their jobs over Miguna's deportation

By Paul Ogemba | Published Tue, February 20th 2018

Inspector General of Police Joseph (IG) Boinnet and Director of Criminal Investigations (DCI) George Kinoti have filed an appeal to save their jobs over the deportation of politician Miguna Miguna to Canada. Mr Boinnet and Mr Kinoti in the urgent application filed at the Court of Appeal argued that their positions are at risk following the findings of Justice Luka Kimaru that they were in contempt of court.

ALSO READ: IG Boinnet moves top officers in reshuffle

“The applicants being state officers are at real risk of being removed from office in view of the decision of the High Court that they committed a criminal offence. They believe that their right to fair trial will be violated if the Court of Appeal does not intervene,” said lawyer Kioko Kilukumi. They want the Appellate Court to suspend the High Court order that they deposit Miguna’s passport and restore his status as a Kenyan citizen before he was deported to Canada on February 6. In his affidavit to support the appeal, Boinnet swore that the High Court judge should have summoned him to court to defend himself against the contempt instead of issuing the orders in his absence.

According to the IG, the adverse findings have affected his integrity as a top police officer and fears any person can initiate the process of his dismissal when he was not accorded a fair hearing by the judge. “The findings were about my personal liability to a criminal offence and a direct attack on my personal reputation and integrity as a state officer. Being a person facing a criminal offence of contempt, I was entitled to be presumed innocent but the judge did not give me a chance,” he swore.

Mr Kinoti also swore that his job is on the line unless the Court of Appeal intervenes to suspend the High Court decision. Their main argument is that they were not heard before the High Court, and that the appeal will be overtaken by events if the seven days given by the High Court to produce Miguna’s passport reaches before the Court of Appeal hears the dispute. Justice Luka Kimaru last week ruled that the decision to declare Miguna a non-Kenyan citizen and the subsequent deportation to Canada was null, void and had no legal effect.

ALSO READ: Flying Squad and Special Crimes Unit get new police bosses

The judge ordered the Government to restore Miguna’s status as a Kenyan citizen as at 3PM on February 6 just before he was stripped of the right and deported to Canada. He also ordered the Government to deposit Miguna’s Kenyan passport in court within seven days and the police to file a written undertaking of producing the politician in court as earlier directed. The judge found Boinnet and Kinoti guilty of contempt of court but instead of sentencing them to six month jail or imposing the maximum Sh200,000 fine, he directed the two to bring back Miguna and have his status as a Kenyan citizen restored. He said that as the two top police officers who are part of the criminal justice system, they should be at the forefront in obeying court orders.

Read more at: www.standardmedia.co.ke/article/2001270491/ig-boinnet-dci-kinoti-file-appeal-to-save-their-jobs ..//

[jakaswanga]

YOUR EXCELLENCY,

I am in a good mood. It is no longer possible to hide the administrative rot of the ODM monopoly county governments in Kavirondo. The workers are rebelling. Some have not been paid for three months in the Canaan Proper polities. Some have discovered, that when the going was still good and they received pay, deductions to insurances like pensions did not reach the relevant accounts. That is massive fraud and swindle. And there is no sweeping it under the carpet.

It is the consciousness of labour, conditioned by the material conditions of existence, which will forge the path ahead for Kavirondo. The ODM bureaucracy, thieving and corrupt, icompetent and fraudulent, is a hydra ripe for some numbered labour of Hercules



Or some other tragic hero give it a go!

THE MAGIC OF THE HANDSHAKE

Sometimes it is fun to spectate the adventures of the many minions who, atop various podia, floating on state power, –----deluded in their several minutes of fame, orchestrated by puppeteers to growl like Guogi-Siwawo (T9), –--- mistake themselves for alpha males and roar like top predators, chiefly at the Raila phenomenon. Such pawns, backed by the state as they see it, perceive themselves capable of collecting Amollo Tinga's skull. –--I do remember how The Tractor characterised the late Joseph Nkaissery: a dog who had seen his reflection in the water and figured the bone the other dog held, mightier. To his loss.

May be he died a natural death. May be, as the rumour mill grinds, he was a dog past its uselfulness to its masters. Put to sleep, permanently. Some dogs grow horns and go rogue. Unacceptable.

This handshake thing has caught a number of dogs wrong footed. And it has been amusing to watch their new tongue dances, and new musical barks.

But before that, a sadness.

I rather liked professor Githu Muigai. There is a period he was a brilliant lawyer for the good cause, and then a powerful teacher. He achieved his professorate giving lessons with diligence, training new talent, forging new minds. To that extent he commanded my respect.

But as AG, the regime's consigliere, he dipped his finger in the ritual drink of corrupting power, licked it clean and got hooked. He went over to the dark side so to speak. Like George Saitoti, his mind broken by Moi. Okay, for a bit of historical grit, we will do the likes of Cicero and Seneca later; though I never believed Githu Muigai was a power rot, IE, an ambitious intrigant who did the deal of Faust.



Still, we heard Githu advise: if Raila went on and got sworn-in, he would have him hanged, until dead. Next thing we heard was that Githu had resigned, wherefore threatening to hang Raila until dead proved to have been the desperate lurch of a Githu trying to endear himself some to a top job he saw slipping away, or jobs he had already lost, like the CJ.

Then there is Fred Matiang'i, capo. He now has to get busy finding money to pay salaries and copper hardship allowances promised before the elections. But well, in a broke nation, which head isn't racking on that!?

But on this score, Dr. Fred had promised a bloodbath if necessary to stop the nonsense of a swearing-in, of Raila Odinga. But Fred was overruled by, among others, military intelligence. His quip about NASA supporters planning to amass armed at Uhuru park –----then marching to storm state house, was more than a stupid lie. It was insane. NIS, under the former military man Waweru, when asked for a comparative opinion by the Army, gaped. Police chiefs too were honestly more worried about Al-Shabaab in Mandera than Raila in Nairobi!

Now there has been a handshake. Earlier this month. The man who was to be hanged by Githu until dead, proves to be Uhuru's long lost brother, and a loving one at that. Sh!thole Kenya rhey reckon is bigger than them both! The man who, Matiang'i finding willing triggermen, should have been shot dead with his supporters on the illegal day of the oath, suddenly is the greatest statesman of Kenya, only comparable to Nelson Mandela!

Aden Duale –-on record as terming Raila a useless thing ripe for a stupid speeches for idlers in Bondo market--- changed his mind overnight to say in parliament, Raila is like Mandela, Holy!

It also transpires, according to Raila talking in Luoland, that Him and Muigai wa Kenyatta, as Presidents, agreed Miguna Miguna's birthright is inalienable. Therefore Nyando where his placenta was buried, is truly in Kenya. The two presidents also agreed it would be a matter of natural justice, that the NRM General comes and goes in an dout of Kenya as he wishes, no longer bothered by any Kenyan law (enforcers) as to his Canadian origins!

Matiang'i and his house general, Kihalangwa, had perforated Miguna's Kenyan passport to show the finality of their resolve as to where Nyando lay –--Alberta in Canada. No ruling of our court bothered them.

Now the duo of Matiang'i and Kihalangwa have to find it in themselves to up the middle finger at the two presidents, the way they did at the courts of law.

NB: Miguna said Matiang'i is nothing. May be the loud-mouth was onto something.

One thing is certain though. A lot of Kenyans must prepare to eat their words. –-In this republic, that isn't too hard!

[jakaswanga]

NRM GENERAL MIGUNA DENIED RE-ENTRY


Lawyer Miguna Miguna is seen in this photo done by an armature at the Jomo Kenyatta International Airport with his lawyers on 26th March, 2018. The self-declared National Resistance Movement general was deported to Canada in February 2018 over his role in NASA leader Raila Odinga's 'swearing-in'. [Photo: Courtesy]
Read more at: www.standardmedia.co.ke/article/2001274577/government-issues-statement-on-miguna-s-arrival


There seems to be ongoing NDRAMA at the airport in Nairobi.

Is he a Canadian!? Is he a Kenyan!? Is he neither!?

It is Murphy's law, chapter bureaucrats. And that is when it is not just bad, but when bad is further impregnated with stupidity.

Well, one of the two presidents claimed they had bilaterally sorted it out! He will be eating his lying words, or, flip side, it could just be that the other, Ouru Kenyatta, is already too LAME-DUCK and thus carries no authority over minions no more.

Even minions know when not to bother take orders from a corpse. Even if the deceased was once his majesty or Excellency.