NAIROBI, Kenya, Dec 29 – Exiled lawyer Miguna Miguna has dismissed the notion that he forfeited his citizenship and has to re-apply in order to vie for Nairobi gubernatorial by-elections set for February 18.
Miguna was responding to former presidential candidate and besieged Thirdway Alliance leader Ekuru Aukot who argued that he should first reclaim his citizenship by making an application before seeking Nairobi governorship.
“As you know, I have always supported you. But I also want you to do things the right way like just regularising your citizen status. As lawyers, we must fear and respect the law. We can’t liberate a country when we don’t respect the law,” Aukot tweeted in Miguna in a thread revolving around his citizenship status.
“You and I know the law. It’s really simple: go back and read s.12 of the old constitution. You lost your citizenship once you acquired Canadian citizenship. We cured that in Art. 14 of COK 2010. You have refused to just follow the law. You’re unnecessarily belligerent,” he added.
Miguna’s position was supported by former Chief Justice Willy Mutunga and other lawyers who argued that arguments laid by the State Law Office in court that he needs to re-apply for citizenship were made and lost.
“Counsel. You know the court has interpreted the relevant Articles in this matter. Orders have not been overturned. What jurisprudence overturns court orders on the basis petitioner’s honesty? Gross and unmitigated injustice against MM demands all lawyers to support his cause,” Mutunga responded.
“General MM has given you an answer. How can your interpretation now TRUMP (pun intended) the decisions of the courts in favour of Gen MM? You know disobedience of court orders is a subversion of the Constitution and Rule of Law,” he added.
Mutunga specifically cited previous court orders that were disobeyed adding that high level of injustice has been leveled against Miguna and its high time all lawyers supported his course.
Miguna’s former lawyer Waikwa Wanyoike also weighed in on the issue highlighting that all previous governments failed and that the constitution and various laws were openly violated.
Thirdway Alliance party endorsed Miguna on Monday as its preferred candidate for the upcoming polls to elect a new Governor following the impeachment of Mike Sonko.
Aukot, who disputed the nomination, however argued that failure to regularize his citizenship will force Independent Electoral and Boundaries Commission to lock him out of the February 18 race.
Miguna was deported in 2018 after he swore in Orange Democratic Movement leader Raila Odinga as the ‘People’s President’ after the Orange Party contested 2017 General Elections.
In the deportation order, Interior Cabinet Secretary Fred Matiangi stated that Miguna was in the country illegally and his presence in Kenya was contrary to national interests.
The State insisted Miguna lost his Kenyan citizenship after acquiring the Canadian citizenship at a time the country did not allow dual citizenship.
His lawyers led by Siaya Senator James Orengo however protested the move arguing that he still enjoys privileges having been born in the country.
“Citizenship by birth cannot be lost. Mr Miguna was born in Kisumu and what the Cabinet Secretary has done does not hold water,” Orengo once argued in court.
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