NAIROBI, Kenya, Jun 17 — Exiled activist lawyer Miguna Miguna has moved to Canada’s highest court to sue Interior Cabinet Secretary Fred Matiangi and his Principal Secretary Karanja Kibicho over his unlawful deportation from the country in 2018.
The outspoken lawyer is seeking damages exceeding USD15 million according to suit papers filed at the Superior Court of Justice, Toronto, Ontario, on Thursday.
Others mentioned in the suit which is also seeking damages for defamation are System International Telemarketing (SITEL) Group, SITEL Operating Corporation, and Rifinitiv Limited.
Miguna said the respondents were party of what he described as malicious prosecution, unlawful detention, torture, assault and battery, racial profiling amongst other charges.
The self-declared National Resistance Movement (NRM) leader who was deported months after swearing in the then opposition leader Raila Odinga as the People’s President, told the court Matiangi and Kibicho had failed to respond to served legal notices despite several attempts.
“Mr. Miguna served legal notices on the defendants Matiangi and Kibicho on March 19, 2019, and on June 8, 2022, respectively, as prescribed by law. The defendants Matiangi and Kibicho neither responded to the Legal Notices nor satisfied the terms and conditions contained therein,” read the claim in part.
The suit further argues that despite Sitel Group and Refinitiv being large and sophisticated global conglomerates that had the resources, capacity, and opportunity to conduct due diligence about the information provided to them, “they intentionally or recklessly disregarded the truth and chose to widely circulate falsehoods about Miguna.”
They pointed out that from February 6, 2018, the defendants worked in concert with agents of the Government of Kenya and other entities to maliciously prosecute, profile, target, stigmatize, scandalize, defame and discriminate against Miguna in what they described as a planned, deliberate, systematic and sophisticated manner using data and information “they either knew or ought to have known were false.”
Miguna also accuses the defendants of selling and using his personal and private information, identity details, addresses, financial records and social media profiles without his consent and knowledge.
“The defendants are international, global and a sophisticated individuals and corporations with adequate human and technical resources and therefore they ought to have known that the actions, words, statements and activities they engaged in as described herein were unlawful, illegal, unconstitutional and injurious to the plaintiff but continued with their actions with reckless disregard to the truth and the plaintiff’s rights,” read the suit.
In the suit, Miguna prayed that the case is tried in Toronto.
In a warning to defendants, the court said that if they fail to defend the charges leveled against them, judgment may be given against them in their absence and without further notice to them.
“If you wish to defend this proceeding but are unable to pay legal fees, legal aid may be available to you by contacting a local legal aid office. if you pay the plaintiff’s claim, and $5,000.00 for costs, within the time for serving and filing your statement of defence you may move to have this proceeding dismissed by the court,” read the statement of claim.
