NAIROBI, Kenya, Feb 7 – The High Court in Nairobi has given the Director of the Department of Immigration Services Gordon Kihalangwa until Friday to explain the circumstances under which he assumed the custody of Miguna Miguna, who was deported to Canada Tuesday night.
Justice Luka Kimaru gave the order on Wednesday when State Counsel Duncan Ondimu produced documents in court acknowledging that the self-proclaimed General of the National Resistance Movement (NRM) had been deported following orders by Interior Cabinet Secretary Fred Matiangi.
“He (Kihalangwa) must swear an affidavit to indicate under what circumstances he assumed the custody of the applicant (Miguna) when he knew that he was under the custody of the court awaiting his release,” the judge directed.
“The applicant and the interested party (Law Society of Kenya) must be served and they have a right to file responding affidavits,” he declared.
Justice Kimaru also directed Inspector General of the National Police Service (NPS) Joseph Boinnet and the Directorate of Criminal Investigations (DCI) chief, George Kinoti, to file affidavits by Friday explaining why they handed over Miguna to immigration officials for deportation.
“For the court to make an appropriate determination on what action to take, Boinnet and Kinoti are directed to swear affidavits in person in regard to the circumstances under which the applicant was released to immigration officials during the subsistence of a valid court order requiring them to produce him in this court so that he can be dealt with in accordance with the law,” Justice Kimaru directed.
Boinnet and Kinoti are also required to explain why they should not be punished for contempt of court ahead of their appearance before Justice Kimaru next week Friday.
“They shall be required to appear in person before this court on 14th February at 9am to show cause,” he ordered.
On Tuesday, Justice Kimaru suspended all criminal proceedings against Miguna pending a scheduled appearance on Wednesday at 11am during which appearance he would have been released.
Miguna was arrested at his Runda home last Friday and produced at a Kajiado Magistrate’s Court on Tuesday where he declined to take plea.
A charge sheet produced at the court indicated that he was to face treason charges for his role in administering an oath on National Super Alliance leader Raila Odinga as the People’s President on January 30.
Prior to his arrest, security organs had captured Ruaraka lawmaker Tom Joseph Kajwang and charged him for a similar offence in Ngong.
TJ Kajwang’s release was secured on a Sh50,000 bond.
Both Miguna and Kajwang are cited as accomplices in the illegal swearing-in of Odinga and the convening of an assembly at Uhuru Park on January 30 without notifying the Officer Commanding Central Police Station in Nairobi, under whose jurisdiction the event was held.
The two have however remained adamant that they committed no offence with Miguna specifically saying he does not regret administering and commissioning the oath Odinga took as an advocate, solicitor, and commissioner for oaths.
“Don’t engage in subterfuge that you’re conscripting Kajwang’ so that he could tell you who was responsible. We’re not hiding. We’re responsible,” Miguna said a day before his arrest.
“I commissioned the oath as a barrister, solicitor, a commissioner for oaths and Advocate of the High Court of Kenya. If you want to take me to court for doing my job, come baby come,” he dared the authorities.
Upon his arrival in Amsterdam en-route to Canada, Miguna issued a statement condemning his deportation terming reports by the interior ministry that he denounced his Kenyan citizenship as inaccurate.
“I have never, ever renounced my Kenyan citizenship and will never do that. I’ve never even contemplated it,” he said in a statement.
“The constitution is crystal clear: no one can invalidate or purport to cancel the citizenship of a Kenyan born citizen. So, Matiang’i has no authority – and I didn’t request him – to “take me home” as he shamelessly claimed,” he said.
Miguna said he had instructed a battery of advocates to challenge his deportation.