BY PHOEBE WANJOHI.
Kenyan born Canadian citizen Miguna Miguna has filed an application seeking to block the government from interfering with his re-entry into the country on January 7, 2020 or any other date appointed by him.
The controversial lawyer is seeking the court to issue orders restraining Interior Cabinet Secretary Fred Matiangi, Director of Immigration, Inspector General and Director of Criminal Investigation from interfering with his January entry into the country pending hearing and determination of his application.
The self-proclaimed general, wants the government to facilitate his entry into Kenya on the said date or any other date of his choice on the basis of his identification through the use of his National Identity Card or his Kenyan Passport in the form and state it was delivered by the police to the High Court, pursuant to an order issued by a judge.
“An Order be and is hereby issued, that pending and following the inter-partes hearing of this Application, requiring the Registrar or the High Court or her agent to release to Counsel of the Petitioner or an authorized officer of the Kenya National Commission on Human Rights (KNCHR) forthwith the copy of the Petitioner’s Kenya Passport No. A116842 currently under the custody of the Court for the use by Immigration Officer(s) in the identification of the Petitioner as a citizen of Kenya at the Petitioner’s port of disembarkation on January 7, 2020 or any other date when the Petitioner seeks entry into Kenya.”Miguna urged.
Through his lawyer John Khaminwa, Miguna urged the court to issue an order summoning the person currently holding the Office of Director of Immigration to show cause why the numerous orders of the Court, including the Order of Justice Chacha Mwita of December 14, 2018 have not been complied with or to show cause why he should not be held in contempt if they fail to facilitate or seek to interfere with the entry of the Petitioner into Kenya on January 7, 2020 or any other date of the Petitioner’s appointing.
“An order be issued, that pending or following the inter-partes hearing of this application, the following individuals be provided unhindered access to the Petitioner upon his disembarkation from the carrier and to have full access to him at all immigration and or Port of entry areas where the Petitioner will be at the time when his re-entry into Kenya is being processed by the Respondents or their agents. “Court documents state.
Dr.Miguna also wants the court to issue order granting journalists both local and international media houses access to his arrival at any port of entry of his choice from the plane at the runway all through the Immigration and Customs areas and exit from the physical boundaries of the port of entry.
On February 2, 2018, a group of about 34 heavily armed men forcefully broke into the Petitioner’s home located at 486 Runda Meadows in Runda Estate in Nairobi by using an explosive detonator contrary to the law and without prior legal notification, proper identification or at all or warning to the Petitioner including why they had forced their entry.
Lawyer Miguna would only learn later in the day that these invaders were police officers or agents of and persons under the control and direction of the National Police Service, Directorates of Criminal Investigations and former flying squad currently known as Sting Squad Headquarters (SSH). He added that for the entire duration he was under illegal detention of Sting Squad Headquarters formerly Flying Squad.
They restrained the movement of the Petitioner and hurled profanities and insults at him, while they continued to ransack and destroy the property at his house. They never produced any documentation to show any authority from a Court of law or any other competent authority of their permission to enter the home or house of the Petitioner. At no time did the Petitioner consent to their entry or presence in his home and house. They never informed the Petitioner of why they had detained, arrested, kidnapped or restrained his movement or their reason of entry into his home.
“On or about 7.30 a.m. the same day, they forcefully and violently dragged the petitiner into one of the vehicles they had used to get to his home. They drove him at a high speed and in a reckless manner, first to Kiambu and later to Githunguri police station where they detained him before subsequently moving him to other locations, including the Lari Police Station, the Internal Depot Police Station, Kajiado Law Courts and Cells, and eventually to Jomo Kenyatta International Airport (JKIA).Claims his lawyer.
On February 6, 2017 Miguna was flown to Canada (via Amsterdam) through a scheduled Royal Dutch Airline (KLM). During the movement on February 6, 2017, the then head of fly squad Mohammed Said was always present and the person who was issuing instructions on the cause of action to be taken.
“He is the one who was directing the police and immigration officials at JKIA. He personally escorted the Petitioner up to the entrance of the aircraft. He is also the person who organized for and obtained the air ticket that was used to remove the Petitioner from Kenya.” Claims his lawyer
Following what he terms as abduction on February 2, 2018, his lawyers applied for and obtained cash bail of Kshs. 50,000 with further orders that he appear in person on February 5, 2018 for the inter-partes hearing of the miscellaneous application which had been certified urgent by The Hon. Justice Wakiaga.
However, NPS and DCI failed to comply with the Court Order prompting additional Order or rulings by Justice Kimaru all of which required production in Court of the Petitioner and his release.
The application will be heard on Monday before the vacation judge.
