The order was issued by Justice Luka Kimaru following a standoff in court where Miguna’s lawyers demanded that he be presented in court as earlier directed/MUTHONI NJUKI
NAIROBI, Kenya, Feb 6 – The High Court has ordered police to release Miguna Miguna, but ensure he faces charges at the Kajiado Law courts.
The order was issued by Justice Luka Kimaru on Tuesday following a standoff in court where Miguna’s lawyers demanded that he be presented before a Nairobi court as earlier directed.
The lawyers had vowed not to leave the courtroom until he was freed, prompting Justice Kimaru’s assurance that he was indeed in the court’s precincts even though he was not presented.
“Since this court has directed that the applicant (Miguna) be released on an anticipatory cash bail of Sh50,000 then if he has not yet been charged, he shall so be released pending his appearance before the court that he has been charged,” Justice Kimaru directed.
“If he has already been charged then the trial court should consider his application for bail pending trial pending trial subject to the condition that this cash bail shall not be more than Sh50,000,” he added.
Miguna was earlier Tuesday arraigned at the Kajiado Law Courts where he declined to plead to charges while insisting he be charged in Nairobi.
Kimaru had on Monday directed the Inspector General of the National Police Service, Joseph Boinnet and Directorate of Criminal Investigations chief George Kinoti to jointly appear in court on Tuesday with Miguna.
The order was issued after his lawyers moved to court seeking to compel security officials to produce him in court after failing to do so within the statutory 24 hours of arrest.
Miguna was arrested at his Runda home on Friday last week.
Justice Kimaru, however, said Miguna is free to seek damages for his arbitrary detention.
“He shall be at liberty to seek appropriate remedy in a constitutional petition or a suit for damages for breach of his fundamental rights and freedoms during the period that he was detained in breach of the orders of this court,” the judge directed.
“The applicant is also at liberty to file an appropriate application before an appropriate court if he wishes to challenge the jurisdiction of the court he has been charged in,” said Justice Kimaru.
A charge sheet seen by Capital FM News outlines three charges against Miguna: They include binding National Super Alliance leader Raila Odinga to commit treason, being a member of the outlawed National Resistance Movement and organizing an illegal assembly at Uhuru Park where Odinga took an oath as the People’s President on Tuesday last week.
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