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FULL PLAINT: Miguna sues Matiang’i, Kihalangwa, Boinett, Flying squad, Airport OCPD and Githu Muigai

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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CONSTITUTIONAL PETITION NO.            OF 2018

 

IN THE MATTER OF ARTICLES 2, 3, 10, 12, 14(1)-(3); 16; 19, 20(1)-(4), 21, 22, 23, 24, 28, 29, 47, 159, 165(3), 238, 244, 245, 258 AND 259 OF THE CONSTITUTION

 

IN THE MATTER OF VIOLATION OF RIGHT TO CITIZENSHIP AND ALL OTHER ATTENDANT RIGHTS AND DENIAL OF RIGHT TO FAIR ADMINISTRATIVE ACTION

 

-BETWEEN-

 

MIGUNA MIGUNA………………………………………………………PETITIONER

 

-VERSUS-

 

DR FRED OKENGO MATIANG’I,

CABINET SECRETARY, MINISTRY OF INTERIOR AND COORDINATION OF

NATIONAL GOVERNMENT…………………………1ST RESPONDENT

 

RTD MAJOR GORDON KIHALANGWA, DIRECTOR

OF IMMIGRATION……………………………..………2ND RESPONDENT

 

JOSEPH BOINETT, THE INSPECTOR GENERAL OF

POLICE THE NATIONAL POLICE SERVICE…..…3RD RESPONDENT

 

GEORGE KINOTI, DIRECTOR OF CRIMINAL

INVESTIGATIONS ……..…….……….……….………4TH RESPONDENT

 

SAID KIPROTICH, OFFICER IN-CHARGE, THE FLYING

SQUAD OF KENYA POLICE SERVICE…..…….….5TH RESPONDENT

 

OFFICER COMMANDING POLICE DIVISION

– JOMO KENYATTA INTERNATIONAL

AIRPORT……………………………………………..…6TH RESPONDENT

 

ATTORNEY GENERAL…………………………………………7TH RESPONDENT

 

-AND-

 

KENYA NATIONAL COMMISSION ON

HUMAN RIGHTS…..…………………..………1ST INTERESTED PARTY

 

 

 

SUPPORTING AFFIDAVIT

 

I, NELSON ANDAYI HAVI of Post Office Box Number 38422 – 00623, Nairobi and residing in Nairobi in the Republic of Kenya hereby solemnly swear and state as follows: –

 

  1. I am an Advocate of the High Court of Kenya.

 

  1. I am competent and duly authorised to swear this Affidavit on behalf of the Petitioner who was forcefully and unlawfully removed from the jurisdiction of this Court and cannot therefore, swear an Affidavit in good time.

 

  1. I have read, been explained to by the Petitioner’s Advocates, Khaminwa & Khaminwa Advocates and understood the contents of the Petition and Notice of Motion filed herewith. I swear this Affidavit in support of the Petition and the Notice of Motion.

 

  1. The Petitioner is a Kenyan citizen by birth. The Petitioner was born on 31st December, 1962 in Nyando, Kisumu County and his father and mother ware the late Joshua Miguna Jomune and Margaret Sure Miguna, all of whom were Kenyan citizens.

 

  1. The Petitioner holds a Canadian passport formerly number MJ 393885 and currently number HP 679627 and a Kenya passport number A116843. Exhibited herewith at page 1 of the exhibits and collectively marked as “NH-1” are true copies of the two passports.

 

  1. The Petitioner is a holder of a Kenyan National Identification Card Number 2790598 issued on 12th November, 2012. Exhibited herewith at pages 2 to 3 of the exhibits and marked as “NH-2” is a true copy of the ID Card.

 

  1. The Petitioner is registered as a taxpayer in Kenya under PIN Certificate Number A004268202L. Exhibited herewith at page 4 of the exhibits and marked as “NH-3” is a true copy of the PIN Certificate.

 

  1. The Petitioner is an Advocate of the High Court of Kenya, admission number P.105/6865/08. Exhibited herewith at page 5 of the exhibits and marked as “NH-4” is a true copy of an extract from the Law Society of Kenya website in that regard.

 

  1. The Petitioner is a known public figure in Kenya, having run as an aspirant for Member of Parliament for Nyando in the 2007 general elections, served as Permanent Secretary in the Grand Coalition Government, upon appointment by the President of the Republic of Kenya on 6th March, 2009 and run for election as Governor for Nairobi County in the 2017 general elections.

 

  1. The Petitioner is a supporter of the National Super Alliance (NASA) and has been a vocal proponent of electoral justice and truth in Kenya, subsequent to the declaration of results for election of President of the Republic of Kenya in the August election and October repeat election.

 

  1. On 30th January, 2018, the Petitioner attended a public rally at Uhuru Park Nairobi where Right Honourable Raila Amolo Odinga took an oath as the Peoples’ President; a public event witnessed by the Petitioner and hundreds of thousands of Kenyans.

 

  1. Subsequent to the event aforesaid, the 1st Respondent published a gazette notice declaring the National Resistant Movement (NRM), an idea of NASA, as an organized criminal group, thereby criminalizing and outlawing activities of NASA, its leaders and supporters. Exhibited herewith at page 6 and marked as “NH-5” is a true of the gazette notice.

 

  1. Upon the publication of the gazette notice aforesaid, the 1st, 3rd and 7th Respondents stated that they would pursue, arrest and charge leaders supporters of NASA who attended the rally at Uhuru Park on 30th January, 2018 with treason and related offences, for attending the public rally and witnessing the swearing-in of Right Honourable Raila Amolo Odinga as the Peoples’ President.

 

  1. On 2nd February, 2018, at about 6.00 a.m., a group of about thirty four heavily armed unidentified men forcefully broke into the Petitioner’s home located at 486 Runda Meadows in Runda Estate in Nairobi by using explosive detonators.

 

  1. The armed men, who it later transpired were policemen under the command of the 1st, 3rd, 4th, 5th and 7th Respondents damaged the Petitioner’s property and forcefully seized him. Exhibited herewith at pages 7 to 20 of the exhibits and collectively marked as “NH-6” are photographs of the destruction and the forceful movement of the Petitioner from his home.

 

  1. The incident was also, captured on video. I will at the opportune time, seek the Court’s leave to admit the videos as evidence in support of this Petition.

 

  1. I ascertained that the Petitioner was taken to Kiambu Police Station where he was held the entire day without access to a phone, food, his family, friends and Advocates, including but not limited to Edwin Sifuna who had gone to represent him.

 

  1. In the course of 2nd February, 2018, I ascertained that the raid, destruction of the Petitioner’s property and the Petitioner’s forceful seizure and detention had been pursued by policemen on the instructions of the 1st, 3rd, 4th, 5th and 7th Respondents and on strength of warrants applied for by Chief Inspector Joseph Gichuki and issued by Honourable Kenneth Cheruiyot of the Chief Magistrate Court at Milimani Law Courts. Exhibited herewith at pages 21 to 25 of the exhibits and collectively marked as “NH-7” are true copies of the Notice of Motion, Supporting Affidavit of Chief Inspector Joseph Gichuki and Search Warrant signed by Honourable Kenneth Cheruiyot.

 

  1. The Affidavit and Search Warrant indicated that the 3rd and 4th Respondents were investigating the Petitioner for the offences of being present and consenting to the administration of an oath to commit a capital offence namely treason contrary to section 59 (a) of the Penal Code and taking part in an unlawful assembly contrary to section 5 (II) of the Public Order Act.

 

  1. It was further stated in the Affidavit and Search Warrant that it was believed that the Petitioner was in possession of materials and weapons which he intended to use to undermine the Government of the Kenya and that the said documents and weapons were stored or kept in the Petitioner’s home at Runda Meadows Estate House No. 486 within Nairobi City.

 

  1. The Search Warrant directed the 3rd, 4th and 5th Respondents if necessary, to use reasonable force and forthwith bring before the said Court such of the recovered weapons, materials and inventory to be taken of the exercise and submitted to the Court.

 

  1. The force used to enter the Petitioner’s home and seize him was unnecessary, as the Petitioner was not armed, did not resist arrest and posed no danger whatsoever, to warrant the use of brute force and explosives by the 3rd, 4th and 5th Respondents in apprehending him.

 

  1. No such documents or weapons were found in the Petitioner’s home nor was a return of the Search Warrant and an inventory of documents and weapons submitted to the Court.

 

  1. On 2nd February, 2018, I filed Criminal Application No. 57 of 2018, Miguna Miguna v The Director of Public Prosecutions & 2 others and obtained an Order for the immediate release of the Petitioner on a cash bail of Kshs. 50,000.00. The application, order and receipt for cash bail are exhibited at pages 26 to 39 of the exhibits and collectively marked as “NH-8”.

 

  1. The Order aforesaid was duly served upon the 3rd, 4th and 5th Respondents but the said Respondents refused to release the Petitioner and continued detaining him until the evening of 6th February, 2018 when the said Respondents acting together with the 1st, 2nd, 6th and 7th Respondents forcefully boarded the Petitioner onto a plane and transported him to Canada in an exercise claimed to be a deportation. Exhibited herewith at pages 40 to 55 of the exhibits and marked as “NH-9” is the Affidavit of Service of the Order.

 

  1. In the meantime, between 2nd February, 2018 and 6th February, 2018, the Petitioner was moved to Githunguri Police Station, Lari Police Station, Kajiado Law Courts and Cells and Jomo Kenyatta International Airport. In all occasions, the Petitioner was held incommunicado, was denied food, phone, a change of clothes, sanitation, sleep, access to family and friends as well as his Advocates. Dr John Khaminwa, Mr Michael Osundwa and I visited Lari Police Station on 4th February, 2018 but were denied access to the Petitioner on the false claim that the Petitioner was not there.

 

  1. On 5th February, 2018, I appeared before Honourable Mr Justice Luka Kimaru on Criminal Application No. 57 of 2018 but the Petitioner was not produced in Court. The Court directed that the Petitioner be produced in Court by the 3rd and 4th Respondents at 2.00 p.m. Exhibited herewith at page 56 and marked as “NH-10”is a true copy of the Order, in which the said 3rd and 4th Respondents were held to be in contempt of Court.

 

  1. The Order of 5th February, 2018 was served upon the 3rd and 4th Respondents by Mr J.R. Meroka of the Director of Public Prosecutions but the said 3rd and 4th Respondents did not act upon it. Exhibited herewith at pages 57 to 58 of the exhibits and marked as “NH-11” is a true copy of the Affidavit of Service in that regard.

 

  1. On 5th February, 2018, at about 3.30 p.m., another Order was made in Criminal Application No. 57 of 2018 requiring the attendance of the 3rd and 4th Respondents in Court on 6th February, 2018 and the production of the Petitioner in Court. Exhibited herewith at pages 59 to 61 of the exhibits and collectively marked as “NH-12” are true copies of the Ruling and Order in that regard.

 

  1. I was in Court on 6th February, 2018 on Criminal Application No. 57 of 2018 when the 3rd and 4th Respondents had refused to produce the Petitioner in Court but claimed that he had been arraigned at Kajiado Law Courts. Exhibited herewith at pages 62 to 63 of the exhibits and marked as “NH-13” is a true of the Charge Sheet in that regard. The charge sheet acknowledged that the Petitioner is a Kenyan citizen and had been arraigned in Court as such and not otherwise as a non-citizen.

 

  1. I sought the volunteer services of several Advocates in Kajiado Law Courts who ran to the rescue of the Petitioner and notified the trial Magistrate of the Orders of the High Court aforesaid.

 

  1. Officers from the office of the Director of Public Prosecutions insisted that the Petitioner takes plea and feigned ignorance of the Orders made in Criminal Application No. 57 of 2018. The 7th Respondent should be held responsible for the misconduct of the said officers.

 

  1. The trial Magistrate at Kajiado Law Courts directed the 3rd, 4th and 5th Respondents, who had custody of the Petitioner to produce him before the High Court before 3.00 p.m. on 6th February, 2018 and that the Petitioner should appear before Court on 14th February, 2018 to answer to the charges against him. Exhibited herewith at page 64 of the exhibits and marked as “NH-14” is a true copy of the Order.

 

  1. At about 4.00 p.m., on 6th February, 2018, Honourable Mr Justice Luka Kimaru directed that the Petitioner be released upon being brought to Court and set free on a cash bail of Kshs. 50,000.00 already paid, pending his appearance before the Kajiado Law Courts on 14th February, 2018 as earlier directed by the trial Magistrate.

 

  1. The Petitioner’s Advocates in Criminal Application No. 57 of 2018 including myself pleaded with the Judge to remain in the Court premises until the Petitioner is brought, as we feared that his Order would not be complied with.

 

  1. By 7.00 p.m., on 6th February, 2018, the Petitioner had not been brought before the Court. As a result, the Court issued a further Order that the Petitioner be produced in Court on 7th February, 2018 at 11.00 a.m. and suspended all criminal proceedings against the Petitioner in any Court in Kenya until the 3rd and 4th Respondents abide by the Orders of the High Court to produce the Petitioner. The Ruling and Order in that regard are exhibited herewith at pages 65 to 67 of the exhibits and collectively marked as “NH-15”.

 

  1. On 6th February, 2018, at about 8.30 p.m., I learnt that the Petitioner had been taken to Jomo Kenyatta International Airport and was being “deported” to Canada.

 

  1. On 7th February, 2018 at 11.00 a.m., I appeared before Honourable Mr Justice Luka Kimaru, when the representative of the Director of Public Prosecutions indicated to the Court that the Petitioner could not be produced in Court for the reason that he had been “deported” to Canada as an illegal immigrant in Kenya.

 

  1. The representative of the Director of Public Prosecutions tabled in Court the following documents exhibited at pages 68 to 75 of the exhibits and collectively marked as “NH-16” on the basis of which the alleged deportation of the Petitioner had been effected:

 

  1. Declaration under section 33 (1) of The Kenya Citizenship and Immigration Act 2011 dated 6th February, 2018 and signed by the 1st Respondent, indicating that the Petitioner is not a citizen of Kenya and that his presence in Kenya was contrary to national interest. The Petitioner was stated to be a prohibited immigrant;
  2. Declaration under section 43 of The Kenya Citizenship and Immigration Act, 2011 dated 6th February, 2018 and signed by the 1st Respondent;
  3. Travel History Report for the Petitioner;
  4. Images of the Petitioner’s Canadian and Kenyan passports;
  5. Flight manifest and boarding pass for the Petitioner; and,
  6. Letter dated 5th February, 2018 from the Canadian Embassy in Nairobi to the Government of the Republic of Kenya.

 

  1. The representative of the Director of Public Prosecutions relied upon the said documents to allege that the Petitioner was a Canadian citizen, had unlawfully obtained a Kenyan passport and citizenship and, had therefore, been lawfully deported to Canada as an illegal immigrant.

 

  1. I verily that the two declarations aforesaid in respect to the citizenship of the Petitioner by the 1st Respondent were made after the issuance of the Court Orders on 6th February, 2018 in Criminal Application 57 of 2018 with the 1st and 7th Respondents’ knowledge of the same for the reason that the proceedings were attended by officers from the office of the Director of Public Prosecutions and were televised live in all local and international television stations.

 

  1. The 1st and 7th Respondent’s wilfully disobeyed Court Orders in taking or advising the action to remove the Petitioner out of the jurisdiction of the Court and should be held personally responsibility for the transgression in respect thereto.

 

  1. Whilst the proceedings in Criminal Application 57 of 2018 were going on, on 7th February, 2018, the 1st Respondent through his spokesperson Mwenda Njoka released a press statement to the media, claiming that the Petitioner was illegally issued with a Kenyan passport. Exhibited herewith at page 76 of the exhibits and marked as “NH-17” is a printout of the press release. The 1st and 7th Respondents should be held responsible for the misconduct of the said officer.

 

  1. On 7th February, 2018, the Court made an Order directing the 3rd and 4th Respondents to swear and file Affidavits to show cause why they should not be punished for disobeying Orders of the Court.

 

  1. The 2nd Respondent was also, directed to swear and file an Affidavit to indicate under what circumstances he assumed custody of the Petitioner when he knew that the Petitioner was under the custody of the Court awaiting release. Exhibited herewith at pages 77 to 79 of the exhibits and collectively marked as “NH-18” are true copies of the Ruling and Order.

 

  1. I have seen the Affidavits filed by the 2nd, 3rd and 4th Exhibited herewith at pages 80 to 99 of the exhibits and marked as “NH-19” are true copies of the Affidavits.

 

  1. In his Affidavit sworn on 8th February, 2018, the 2nd Respondent is boisterous, unrepentant, unapologetic and justifies the unlawful revocation of the Petitioner’s citizenship and removal from the jurisdiction of the Court; alleging that the Petitioner’s activities were detrimental to national interest.

 

  1. In his Affidavit sworn on 8th February, 2018, the 3rd Respondent does not explain why he did not direct the release of the Petitioner as ordered by Court but instead casually claims that he was advised by the DIC that the Petitioner was arrested by Immigration Officers.

 

  1. In his Affidavit sworn on 8th February, 2018, the 4th Respondent does not explain why he did not direct the release of the Petitioner as ordered by Court but instead casually that the Petitioner was arrested by Immigration Officers after his claimed release by the 4th Respondent’s officers.

 

  1. The true and correct position however, is that officers under the direct command of the 1st, 3rd and 4th Respondents, including the 5th Respondents never released the Petitioner on 6th February, 2018 but instead, forced the Petitioner into a plane and transported him outside the jurisdiction of the Court in blatant, flagrant disobedience of Court Orders and abrogation of the Petitioner’s fundamental rights and freedoms as a Kenyan citizen.

 

  1. The claims by the 1st and 2nd Respondents set out in the Affidavits demonstrate how unconstitutional and illegal the action declaring that the Petitioner is not a Kenyan Citizen, is an illegal immigrant and should be removed from Kenya is.

 

  1. I verily believe that a Kenyan citizen, the Petitioner is entitled to return to the County without any further delay and respond to the spurious claim of being in the County illegally by the 2nd Respondent and the rest of the Respondents, including the charges levelled against him before the Chief Magistrates Court at Kajiado Law Courts in Criminal Case No. 174 of 2018, Republic v Miguna Miguna.

 

  1. I verily believe that the 1st Respondent abused his powers in declaring NASA and NRM criminal organizations and in reliance of his unlawful declaration, pursuing the raid and attack of the Petitioner in his home, destruction of his property, unlawful detention of the Petitioner from 2nd February, 2018 at 6.30 a.m. to 8th February, 2018 when the Petitioner landed in Canada.

 

  1. The Respondents undertook all the enumerated illegal and arbitrary action against the Petitioner in total disregard of numerous Court Orders that required them to present the Petitioner before Court, the Respondents acted in total violation of the constitutional rule of law and good governance provisions in Article 10 and those specific to each of the Respondents, they abused their office and violated the requirements of integrity in Chapter Six of the Constitution and the Public Officers Ethics Act 2003.

 

  1. In the circumstances, the charge sheet and entire proceedings against the Petitioner before the Chief Magistrates Court at Kajiado Law Courts in Criminal Case No. 174 of 2018, Republic v Miguna Miguna are unconstitutional, unlawful and cannot stand.

 

  1. Similarly, the proceedings and Search Warrant issued on 1st February, 2018 in Miscellaneous Criminal Appln. No. 375 of 2018 County CID Nairobi Area of Criminal Investigation Department v Joshua Miguna Miguna were instituted and the Warrant issued in total violation of the constitutional rule of law and the same are therefore, unconstitutional, unlawful and cannot stand. The 3rd, 4th, 5th and 7th Respondents should be held personally liable for the transgressions arising therefrom including the destruction of the Petitioner’s home and his unlawful detention from 2nd to 6th February, 2018.

 

  1. The 1st, 2nd, 3rd, 4th, 5th, 6th and 7th Respondents should be held personally liable and responsible for the infringement of the Petitioner’s rights as demonstrated above between 2nd February, 2018 and 8th February, 2018 and should be declared unfit to hold public office.

 

  1. The Petitioner is a Kenyan citizen by birth. In the circumstances, the 1st Respondent could not rely upon section 33 (1) and 43 of the Kenya Citizenship and Immigration Act, 2011 nor did he have any legal justification whatsoever, to declare the Petitioner a prohibited immigrant and remove him from Kenya as he did.

 

  1. The 1st Respondent did not have any powers to deprive the Petitioner of his citizenship by birth, even on the claim of dual nationality without notice and a hearing.

 

  1. The purported deportation of the Petitioner was unconstitutional, unlawful, invalid and null and void ab initio. The two declarations dated 6th February, 2018 by the 1st Respondent should be suspended forthwith to enable the Petitioner to return to the Kenya and defend himself and eventually be quashed upon the hearing and determination of this Petition.

 

  1. The Petitioner is entitled to the immediate release and surrender to him by the 1st Respondent of his Kenyan passport and National Identification Card and unrestricted entry back to the Country forthwith.

 

  1. The Petitioner is entitled to full protection of the Bill of Rights in respect to his liberty, association, movement and right to own property in Kenya.

 

  1. The conduct of the Respondents in this matter requires immediate action by the Court to return the Petitioner to the status quo ante the challenged action hence the urgent need for the grant of the Orders sought in the Notice of Motion pending the hearing and determination of the Petition.

 

  1. I swear this Affidavit in support of the Notice of Motion and Petition and pray that the Orders sought therein be granted.

 

  1. What is deponed to hereinabove is true and correct to the best of my knowledge and beliefs save as to matters deponed to on information sources whereof have been disclosed and matters deponed to on belief whereupon grounds have been given.

 

SWORN by the said NELSON ANDAYI         )

HAVI                                                           )

at Nairobi this 12th day of February, 2018        )

BEFORE ME                                               )

)

)

)

 COMMISSIONER FOR OATHS              )

 

DRAWN AND FILED BY:

 

KHAMINWA & KHAMINWA

ADVOCATES

LR NO 1/776/F1, GEORGE PADMORE ROAD

OFF MARCUS GARVEY ROAD

P.O. BOX 43758 – 00100

NAIROBI

 

TO BE SERVED UPON:

 

  1. DR FRED OKENGO MATING’I

MINISTRY OF INTERIOR AND CO-ORDINATION OF NATIONAL GOVERNMENT

STATE OF DEPARTMENT OF INTERIOR

HARAMBEE HOUSE, HARAMBEE AVENUE

P.O. BOX 30310 – 00100

NAIROBI

 

  1. RTD MAJOR GORDON KIHALANGWA

DIRECTOR OF IMMIGRATION

DIRECTORATE OF IMMIGRATION AND REGISTRATION OF PERSONS

NYAYO HOUSE, 20TH FLOOR

P.O. BOX 30191 – 00100

NAIROBI

 

  1. JOSEPH K. BOINETT

INSPECTOR GENERAL OF POLICE

OFFICE OF THE INSPECTOR GENERAL

JOGOO HOUSE A, TAIFA ROAD

P.O. BOX 44249 – 00100

NAIROBI

 

  1. GEORGE KINOTI

DIRECTOR OF CRIMINAL INVESTIGATIONS

DIRECTORATE OF CRIMINAL INVESTIGATIONS

MAZINGIRA HOUSE

  1. O. BOX 30036 – 00100

NAIROBI

 

  1. SAID KIPROTICH, OFFICE IN-CHARGE

THE FLYING SQUAD OF KENYA POLICE SERVICE

KENYA POLICE HEADQUARTERS

VIGILANCE HOUSE, HARAMBEE AVENUE

JOGOO HOUSE A

TAIFA ROAD

P.O. BOX 30083

NAIROBI

 

  1. OFFICER COMMANDING POLICE DIVISION – JOMO KENYATTA INTERNATIONAL AIRPORT

NAIROBI

 

  1. ATTORNEY GENERAL

ATTORNEY GENERAL’S CHAMBERS

SHERIA HOUSE

HARAMBEE AVENUE

NAIROBI

 

  1. KENYA NATIONAL COMMISSION OF HUMAN RIGHTS

CVS PLAZA, 1ST FLOOR

LENANA ROAD

P.O. BOX 74359 – 00200

NAIROBI

 

 

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CONSTITUTIONAL PETITION NO.            OF 2018

 

IN THE MATTER OF ARTICLES 2, 3, 10, 12, 14(1)-(3); 16; 19, 20(1)-(4), 21, 22, 23, 24, 28, 29, 47, 159, 165(3), 238, 244, 245, 258 AND 259 OF THE CONSTITUTION

 

IN THE MATTER OF VIOLATION OF RIGHT TO CITIZENSHIP AND ALL OTHER ATTENDANT RIGHTS AND DENIAL OF RIGHT TO FAIR ADMINISTRATIVE ACTION

 

-BETWEEN-

 

MIGUNA MIGUNA…………………………………………………………..PETITIONER

 

-VERSUS-

 

DR FRED OKENGO MATIANG’I,

CABINET SECRETARY, MINISTRY OF INTERIORAND

COORDINATION OF NATIONAL GOVERNMEN….1ST RESPONDENT

 

RTD MAJOR GORDON KIHALANGWA, DIRECTOR

OF IMMIGRATION ………………………………..……..2ND RESPONDENT

 

JOSEPH BOINETT, THE INSPECTOR GENERAL OF

POLICE THE NATIONAL POLICE SERVICE…………3RD RESPONDENT

 

GEORGE KINOTI, DIRECTOR OF CRIMINAL

INVESTIGATIONS ……..…….……….…………….……4TH RESPONDENT

 

SAID KIPROTICH, OFFICER IN-CHARGE, THE FLYING

SQUAD OF KENYA POLICE SERVICE…..….…….….5TH RESPONDENT

 

OFFICER COMMANDING POLICE DIVISION

– JOMO KENYATTA INTERNATIONAL AIRPOR…6TH RESPONDENT

 

ATTORNEY GENERAL……………………………………………..7TH RESPONDENT

 

-AND-

 

KENYA NATIONAL COMMISSION ON

HUMAN RIGHTS …..……………………..………1ST INTERESTED PARTY

 

CERTIFICATE OF URGENCY

 

I, DR JOHN KHAMINWA, Advocate who has the conduct of this matter on behalf of the Petitioner, do hereby certify that the Application filed urgently requires hearing at the earliest opportunity because the object of the said application will be defeated if the said application is not heard as soon as possible. This is because, the Petition relates to illegal and arbitrary revocation of the Petitioner’s citizenship and the confiscation of his passport and his illegal designation as a prohibited immigrant and subsequent removal from Kenya to Canada in total violation of the constitutional, municipal and international law on citizenship and denial of his rights to fair administrative action, right to dignity, right to access to courts, right to fair hearing, right to his security of the person, right to property and right to dignity.

 

DATED at Nairobi this 12th day of February, 2018

 

 

KHAMINWA & KHAMINWA

ADVOCATES FOR THE PETITIONER

 

DRAWN & FILED BY:

 

KHAMINWA & KHAMINWA

ADVOCATES

LR NO 1/776/F1, GEORGE PADMORE ROAD

OFF MARCUS GARVEY ROAD

NAIROBI


TO BE SERVED UPON:

 

  1. DR FRED OKENGO MATING’I

MINISTRY OF INTERIOR AND CO-ORDINATION OF NATIONAL GOVERNMENT

STATE OF DEPARTMENT OF INTERIOR

HARAMBEE HOUSE, HARAMBEE AVENUE

P.O. BOX 30310 – 00100

NAIROBI

 

  1. RTD MAJOR GORDON KIHALANGWA

DIRECTOR OF IMMIGRATION

DIRECTORATE OF IMMIGRATION AND REGISTRATION OF PERSONS

NYAYO HOUSE, 20TH FLOOR

KENYATTA AVENUE/UHURU HIGHWAY

P.O. BOX 30191 – 00100

NAIROBI

 

  1. JOSEPH K. BOINETT

INSPECTOR GENERAL OF POLICE

OFFICE OF THE INSPECTOR GENERAL

JOGOO HOUSE A

TAIFA ROAD

P.O. BOX 44249 – 00100

NAIROBI

 

  1. GEORGE KINOTI

DIRECTOR OF CRIMINAL INVESTIGATIONS

DIRECTORATE OF CRIMINAL INVESTIGATIONS

MAZINGIRA HOUSE, KIAMBU ROAD

  1. O. BOX 30036 – 00100

NAIROBI


 

  1. SAID KIPROTICHP, OFFICE IN-CHARGE

THE FLYING SQUAD OF KENYA POLICE SERVICE

KENYA POLICE HEADQUARTERS

VIGILANCE HOUSE, HARAMBEE AVENUE

JOGOO HOUSE A, TAIFA ROAD

P.O. BOX 30083

NAIROBI

 

  1. OFFICER COMMANDING POLICE DIVISION – JOMO KENYATTA INTERNATIONAL AIRPORT

NAIROBI

 

  1. THE ATTORNEY GENERAL

ATTORNEY GENERAL’S CHAMBERS

SHERIA HOUSE

HARAMBEE AVENUE

NAIROBI

 

  1. KENYA NATIONAL COMMISSION OF HUMAN RIGHTS

CVS PLAZA, 1ST FLOOR

LENANA ROAD

P.O. BOX 74359 – 00200

NAIROBI


REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CONSTITUTIONAL PETITION NO.            OF 2018

 

IN THE MATTER OF ARTICLES 2, 3, 10, 12, 14(1)-(3); 16; 19, 20(1)-(4), 21, 22, 23, 24, 28, 29, 47, 159, 165(3), 238, 244, 245, 258 AND 259 OF THE CONSTITUTION

 

IN THE MATTER OF VIOLATION OF RIGHT TO CITIZENSHIP AND ALL OTHER ATTENDANT RIGHTS AND DENIAL OF RIGHT TO FAIR ADMINISTRATIVE ACTION

 

-BETWEEN-

 

MIGUNA MIGUNA…………………………………………………………..PETITIONER

 

-VERSUS-

 

DR FRED OKENGO MATIANG’I,

CABINET SECRETARY, MINISTRY OF INTERIORAND

COORDINATION OF NATIONAL GOVERNMEN….1ST RESPONDENT

 

RTD MAJOR GORDON KIHALANGWA, DIRECTOR

OF IMMIGRATION ………………………………..……..2ND RESPONDENT

 

JOSEPH BOINETT, THE INSPECTOR GENERAL OF

POLICE THE NATIONAL POLICE SERVICE…………3RD RESPONDENT

 

GEORGE KINOTI, DIRECTOR OF CRIMINAL

INVESTIGATIONS ……..…….……….…………….……4TH RESPONDENT

 

SAID KIPROTICH, OFFICER IN-CHARGE, THE FLYING

SQUAD OF KENYA POLICE SERVICE…..….…….….5TH RESPONDENT

 

OFFICER COMMANDING POLICE DIVISION

– JOMO KENYATTA INTERNATIONAL AIRPOR…6TH RESPONDENT

 

ATTORNEY GENERAL……………………………………………..7TH RESPONDENT

 

-AND-

 

KENYA NATIONAL COMMISSION ON

HUMAN RIGHTS …..……………………..………1ST INTERESTED PARTY

 

NOTICE OF MOTION

 

TAKE NOTICE that the Honourable Court shall be moved on               the                    day of                    2018 at 9.00 O’clock in the forenoon or soon thereafter for the hearing of an application by counsel for the Petitioner/Applicant for orders THAT:

 

  1. This Honourable Court be pleased to certify this matter as urgent.

 

  1. An order be and is hereby issued that pending the inter-parties hearing of this Application and hearing of the Petition, this Court grants an order suspending the declaration under Section 43 of the Kenya Citizenship and Immigration Act 2011 dated 6th February, 2018 and made in respect of the Petitioner by the 1st Respondent in which he purported to declare that the Petitioner was not a Kenyan Citizen and that his presence in Kenya was “contrary to the national interest and should be removed from Kenya to his country of origin Canada.”

 

  1. An order be and is hereby issued that pending the inter-parties hearing of this Application and hearing of the Petition this Court grants an order suspending the declaration under Section 33(1) of the Kenya Citizenship and Immigration Act 2011 dated 6th February, 2018 and made in respect of the Petitioner by the 1st Respondent in which he purported to declare that the Petitioner was not a Kenyan Citizen and that he was a member of a “Prohibited class and a Prohibited Immigrant.”

 

  1. An order be and is hereby issued that pending the inter-parties hearing of this Application and hearing of the Petition this Court grants an order suspending Gazette Notice No. Vol. CXX – No. 15 issued on 30th January, 2018 by the 1st Respondent declaring the National Resistance Movement (NRM) to be a criminal organization.

 

  1. An Order be and is hereby issued that pending the inter-parties hearing of this Application and hearing of this Petition this Court directs the Respondents to reinstate the Passport of the Petitioner and avail it to him and this be effected within 5 days of the Order of this Court.

 

  1. An Order be and is hereby issued that pending the inter-parties hearing of this Application and hearing of the Petition this Court orders that the Respondents facilitates the re-entry of the Petitioner to Kenya at a date or time of the Petitioner’s choosing and to ensure that the Petitioner is issued with the necessary travel documents to facilitate his travel and re-entry into Kenya.

 

  1. An Order be and is hereby issued that pending the inter-parties hearing of this Application and hearing of the Petition this Court orders that during the first time that the Petitioner seeks and gains re-entry into Kenya, the Respondents ensures that the Chairperson of the 1st Interested Party (or her designate) is allowed access to the immigration and customs clearance areas at the port of entry that the Petitioner chooses to re-enter at in order to observe and generate a report to be filed with this Court (if necessary) on the extent of the observance by the Respondents of the relevant constitutional, human rights and immigration laws applicable to the Petitioner’s right to re-enter Kenya as a citizen.

 

WHICH APPLICATION is based on the annexed affidavit of NELSON HAVI ANDAYI and other grounds adduced therein inter alia THAT:

 

  1. On 2nd February, 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. The Petitioner would only learn later in the day that these invaders were police officers and/or agents of and persons under the control and direction of the 3rd, 4th and 5th In fact, for the entire duration the Petitioner was under illegal detention, the 5th Respondent was in-charge and personally directed what had to be done with the petitioner.

 

  1. 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.

 

  1. On or about 7.30 a.m. the same day, they forcefully and violently dragged the Petitioner into one of the vehicles they had used to get to the Petitioner’s home. They drove him at 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). On February 6th, 2017 the Petitioner was removed to Canada (via Amsterdam) through a scheduled Royal Dutch Airline (KLM). During the movement on February 6th, 2017, the 5th Respondent Mr. 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 and 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.

 

  1. Following the Petitioner’s abduction on February 2nd, 2018, his lawyers applied for and obtained cash bail of Kshs. 50,000 with further orders that the Petitioner 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.

 

  1. The 3rd and 4th Respondents failed to comply with the Court Order prompting additional Orders/Rulings by the Learned Justice Kimaru all of which required production in Court of the Petitioner and his release.

 

  1. On February 6th, 2018, police officers/agents of the 3rd and 4th Respondents took the Petitioner to the Kajiado Law Courts and attempted to have him charged before the Resident Magistrate. However, the Resident Magistrate directed that the Petitioner first be produced before the High Court in Nairobi before 3pm the same day. The Resident Magistrate further ordered that the Petitioner appear before the Kajiado Magistrate Court on February 14th

 

  1. That despite the various Orders of the High Court and the Magistrate Court, the Petitioner was never produced in the High Court in Nairobi. This is although Justice Kimaru waited, together with Counsels, at the Milimani High Court until at least 7pm on February 6th, 2018 for the 3rd to 5th Respondents to produce the Petitioner.

 

  1. That in contumacious contempt of the Court Orders, the 1st to 5th Respondents instead illegally and in blatant violation of the constitution, citizenship and immigration law and international law, drove the Petitioner to Jomo Kenyatta International Airport, forced him into a Royal Dutch Airline (KLM) Flight No. KL 566 and removed him to Canada.

 

  1. At all material times, when the Petitioner was at the Jomo Kenyatta International Airport, the Petitioner remained under the custody of the police officers of the 3rd to 5th Respondents and officials of the 2nd Respondents under the active command of the 5th Respondent personally and was held incommunicado without any access to a lawyer, intermediary or family member.

 

  1. That the removal of the Petitioner followed the making of two declarations by the 1st Respondent purportedly under Sections 33(1) and 43 of the Kenya Citizenship and Immigration Act 2011, in which he purportedly revoked the Petitioner’s Kenyan citizenship and designated him a member of prohibited class and a prohibited immigrant whose presence in Kenya was contrary to national interest. The 1st and 2nd Respondent also confiscated the Kenyan passport legally issued to the Petitioner on 22nd March 2009 and bearing Passport No. A116842.

 

  1. At no point, before the 1st and 2nd Respondent purported act of revoking the Petitioner’s citizenship, designating him as a member of prohibited class and a prohibited immigrant, confiscation of his Kenyan passport and eventual removal from Kenya, did the 1st and 2nd Respondent or anyone else notify him of their intention to carry out any of these enumerated illegal acts. Consequently, at no point did they provide him with an opportunity to show cause why the adverse and dire actions they took against him should not be taken. They also never provided him with any opportunity to communicate or seek legal advice from an advocate. Moreover, at no point, even at the point of removal did they provide him with any documentation about his removal and the reasons why they were taking these adverse actions against him.

 

  1. The Petitioner is a citizen by birth. He was born in Kisumu, Kenya of parents who were Kenyan citizens. The Petitioner has never renounced or lost his Kenyan citizenship.

 

  1. The actions of the 1st and 2nd Respondents of purportedly revoking the citizenship of the Petitioner, confiscation of his Kenyan passport, designating him as a member of a prohibited class and a prohibited immigrant are unconstitutional and illegal. The procedure – or non-procedure – used to arrive at those decisions was done in total violation of the Petitioners right to citizenship, in total disregard of the deleterious effects the action has and would continue to have on other rights of the Petitioners as enumerated in the Petition, and in complete violation of the procedures provided for under the constitution and the Kenya Citizenship and Immigration Act 2011.

 

  1. The act of purportedly revoking the citizenship of the Petitioner, confiscation of his Kenyan passport, designating him as a member of a prohibited class and a prohibited immigrant are unconstitutional and illegal and a nullity.

 

  1. That beyond pursuing legal processes relating to his citizenship and deportation, the Petitioner needs to urgently return to Kenya because criminal charges have been preferred against him and he is required to appear at the RM Court in Kajiado on February 14, 2018 to answer to those charges.

 

  1. That being an Advocate of the High Court of Kenya and a Barrister and Solicitor in the Province of Ontario Canada, the Petitioner is required to always be of good conduct to maintain his professional licences. In any event, being of good conduct is a critical element that clients use while deciding to hire a lawyer. The Petitioner’s professional status and his means of livelihood are imminently threatened if he is not allowed to return to Kenya to establish his innocence regarding the criminal accusation brought against him by the police at Kajiado RM Court.

 

  1. That unresolved accusations of criminal nature have a bearing on many other aspects of the Petitioner’s life, including his reputation in the family and society, his ability to travel to other countries, to obtain credit and generally to transact most of the basic aspects of livelihood. It was therefore grossly illegal and highly malicious for the Respondents to accuse him of acts of criminality yet deny him his right to establish his innocence by removing him from Kenya.

 

  1. The Petitioner therefore prays for the urgent intervention of this Court in order to arrest the continuing violations of his constitutional rights and to mitigate against the continuing irreversible prejudice he is suffering as a result of the illegal actions of the Respondents.

 

  1. That as a Kenyan citizen, the Petitioner is entitled to return to the County without any further delay and respond to the spurious claim of being in the County illegally by the 2nd Respondent and the rest of the Respondents, including the charges levelled against him before the Chief Magistrates Court at Kajiado Law Courts in Criminal Case No. 174 of 2018, Republic v Miguna Miguna.

 

  1. The purported deportation of the Petitioner was unconstitutional, unlawful, invalid and null and void ab initio. The two declarations dated 6th February, 2018 by the 1st Respondent should be suspended forthwith to enable the Petitioner to return to the Kenya and defend himself and eventually be quashed upon the hearing and determination of this Petition.

 

  1. The conduct of the Respondents in this matter requires immediate action by the Court to return the Petitioner to the status quo ante the challenged action hence the urgent need for the grant of the Orders sought in the Notice of Motion pending the hearing and determination of the Petition.

 

DATED at Nairobi this 12th day of February, 2018

 

 

KHAMINWA & KHAMINWA

ADVOCATES FOR THE PETITIONER

 

DRAWN & FILED BY:

 

KHAMINWA & KHAMINWA

ADVOCATES

LR NO 1/776/F1, GEORGE PADMORE ROAD

OFF MARCUS GARVEY ROAD

P.O. BOX 43758 – 00100

NAIROBI

 


TO BE SERVED UPON:

 

  1. DR FRED OKENGO MATING’I

MINISTRY OF INTERIOR AND CO-ORDINATION OF NATIONAL GOVERNMENT

STATE OF DEPARTMENT OF INTERIOR

HARAMBEE HOUSE, HARAMBEE AVENUE

P.O. BOX 30310 – 00100

NAIROBI

 

  1. RTD MAJOR GORDON KIHALANGWA

DIRECTOR OF IMMIGRATION

DIRECTORATE OF IMMIGRATION AND REGISTRATION OF PERSONS

NYAYO HOUSE, 20TH FLOOR

KENYATTA AVENUE/UHURU HIGHWAY

P.O. BOX 30191 – 00100

NAIROBI

 

  1. JOSEPH K. BOINETT

INSPECTOR GENERAL OF POLICE

OFFICE OF THE INSPECTOR GENERAL

JOGOO HOUSE A

TAIFA ROAD

P.O. BOX 44249 – 00100

NAIROBI

 

  1. GEORGE KINOTI

DIRECTOR OF CRIMINAL INVESTIGATIONS

DIRECTORATE OF CRIMINAL INVESTIGATIONS

MAZINGIRA HOUSE

KIAMBU ROAD

  1. O. BOX 30036 – 00100

NAIROBI


 

  1. SAID KIPROTICH, OFFICE IN-CHARGE

THE FLYING SQUAD OF KENYA POLICE SERVICE

KENYA POLICE HEADQUARTERS

VIGILANCE HOUSE, HARAMBEE AVENUE

JOGOO HOUSE A

TAIFA ROAD

P.O. BOX 30083

NAIROBI

 

  1. OFFICER COMMANDING POLICE DIVISION – JOMO KENYATTA INTERNATIONAL AIRPORT

NAIROBI

 

  1. THE ATTORNEY GENERAL

ATTORNEY GENERAL’S CHAMBERS

SHERIA HOUSE

HARAMBEE AVENUE

NAIROBI

 

  1. KENYA NATIONAL COMMISSION OF HUMAN RIGHTS

CVS PLAZA, 1ST FLOOR

LENANA ROAD

P.O. BOX 74359 – 00200

NAIROBI

 

 

 

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CONSTITUTIONAL PETITION NO.            OF 2018

 

IN THE MATTER OF ARTICLES 2, 3, 10, 12, 14(1)-(3); 16; 19, 20(1)-(4), 21, 22, 23, 24, 28, 29, 47, 159, 165(3), 238, 244, 245, 258 AND 259 OF THE CONSTITUTION

 

IN THE MATTER OF VIOLATION OF RIGHT TO CITIZENSHIP AND ALL OTHER ATTENDANT RIGHTS AND DENIAL OF RIGHT TO FAIR ADMINISTRATIVE ACTION

 

-BETWEEN-

 

MIGUNA MIGUNA…………………………………………………………PETITIONER

 

-VERSUS-

 

DR FRED OKENGO MATIANG’I, CABINET SECRETARY, MINISTRY OF INTERIOR AND COORDINATION OF

NATIONAL GOVERNMENT…………….…………..1ST RESPONDENT

 

RTD MAJOR GORDON KIHALANGWA, DIRECTOR

OF IMMIGRATION …………………………..….….. 2ND RESPONDENT

 

JOSEPH BOINETT, THE INSPECTOR GENERAL OF

POLICE THE NATIONAL POLICE SERVICE….…3RD RESPONDENT

 

GEORGE KINOTI, DIRECTOR OF CRIMINAL

INVESTIGATIONS ……..…………..…………..……4TH RESPONDENT

 

SAID KIPROTICH, OFFICER IN-CHARGE, THE FLYING

SQUAD OF KENYA POLICE SERVICE………..….5TH RESPONDENT

 

OFFICER COMMANDING POLICE DIVISION – JOMO KENYATTA INTERNATIONAL AIRPORT …………….……..…6TH RESPONDENT

 

THE HONOURABLE ATTORNEY GENERAL……..7TH RESPONDENT

 

-AND-

 

KENYA NATIONAL COMMISSION ON

HUMAN RIGHTS …..…………………………1ST INTERESTED PARTY

 

PETITION

 

The humble Petition of MIGUNA MIGUNA (“the Petitioner”) whose address of service is care of KHAMINWA & KHAMINWA ADVOCATES, LR NO 1/776/F1, GEORGE PADMORE ROAD OFF MARCUS GARVEY ROAD, P.O. BOX 43758-00100 NAIROBI, states as follows:

 

  1. The Petitioner is a Kenyan citizen ordinarily residing in Nairobi City County within the Republic of Kenya, is an Advocate of the High Court of Kenya and also practices as a Barrister and a solicitor in Toronto, Canada. The Petitioner presents this petition on his own behalf and in the interest of Kenyans who are discontented with the high levels of impunity in Kenya and in the public interest bearing his responsibility under Articles 3, 10, 22 and 258 of the Constitution to respect, uphold and defend the Constitution.

 

  1. The 1st Respondent, Dr Fred Matiang’i, is the Cabinet Secretary in charge of the Ministry of Interior and Co-ordination of National Government, the Ministry ordinarily responsible for security matters and in-charge of general administration on matters relating to citizenship and immigration. He is sued, first, in his own capacity for violation of the Constitution and the law and as a Cabinet Secretary who has abused his position as a State Officer and engaged in illegalities, specifically by authorising and directing the illegal detention and arrest of the Petitioner, purporting to revoke the citizenship of the Petitioner, issuing illegal declarations designating the Petitioner as a member of a prohibited class and a prohibited immigrant, illegally confiscating the Petitioner’s Kenyan passport and eventually ordering the illegal removal of the Petitioner from Kenya. The 1st Respondent is also sued for being the mastermind of a scheme to defeat the orders of this Court and/or being part of a group of public officials who conspired in contumaciously disregarding the orders of the Court.

 

  1. The 2nd Respondent, Rtd Major Gordon Kihalangwa, is the Director of Immigration and appointed as such under section 16 of the Kenya Citizens and Foreign Nationals Management Service Act, 2011. He is sued, first, in his own personal capacity for violation of the Constitution and the law and as a person who has abused his position as a Public Officer by conspiring with the 1st, 3rd, 4th, 5th and 6th Respondents to engage in illegalities, specifically by administering or directing the administration of the illegal orders of the 1st Respondent, including through illegal detention and arrest of the Petitioner and purported revocation of the citizenship of the Petitioner, and being an accomplice or co-conspirator in the issuance, by the 1st Respondent, of illegal declarations designating the Petitioner as a member of a prohibited class and a prohibited immigrant, illegally confiscating the Petitioner’s Kenyan passport and authorizing illegal detention of the Petitioner and eventually directing and facilitating the illegal removal of the Petitioner from Kenya.

 

  1. The 3rd Respondent, Joseph Boinett, is the Inspector General of Police (IG) who is a State Officer and whose office is established under Article 245(1) of the Constitution. He is the head of command for the National Police Service (NPS). He is enjoined in this Petition on his own behalf for, in total abuse of his powers, directing and overseeing illegal detention, arrest of the Petitioner, for contumaciously disregarding Court Orders to produce the Petitioner before the High Court in Nairobi and instead conspiring with the 1st, 2nd, 4th, 5th and 6th Respondents to illegally remove the Petitioner from Kenya. He is also sued as the head of the NPS and on behalf of all the NPS Officers under his command who participated in the criminal abduction, and detention of the Petitioner and those who facilitated the removal of the Petitioner from Kenya.

 

  1. The 4th Respondent, George Kinoti, is the Director of Criminal Investigation (DCI) and is a member of the NPS. He is the head of command at the Directorate of Criminal Investigation. He is enjoined in this Petition on his own behalf for, in total abuse of his powers, directing and overseeing illegal detention, arrest of the Petitioner, for contumaciously disregarding Court Orders to produce the Petitioner before the High Court in Nairobi and instead conspiring with the 1st, 2nd, 4th, and 5th Respondents to illegally remove the Petitioner from Kenya. He is also sued on behalf of all the NPS Officers under his command who participated in the criminal abduction, and detention of the Petitioner and those who facilitated the removal of the Petitioner from Kenya.

 

  1. The 5th Respondent is Mohammed Said, the Officer In-Charge of the Flying Squad which is a Police Unit of the NPS. He is personally sued because he was the NPS Officer who was personally in charge of the group of men who illegally and forcefully, using a detonator explosive, broke into the Petitioner’s home and house, he was personally heading the operation to see the Petitioner moved from one place to another and gave instructions to other NPS officials regarding the detention of the Petitioner, including directing on the cruel and inhumane manner in which he was treated and the conditions under which he should be detained. He was personally present during the transfer of the Petitioner to Kajiado Law Courts and later to the Jomo Kenyatta International Airport (JKIA) and was the one issuing instructions on the cause of action to be taken. He is the one who was directing the police and immigration officials at JKIA on what to do and 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.

 

  1. The 6th Respondent is the Officer Commanding Police Division (OCPD) Jomo Kenyatta International Airport (JKIA) Police Division and is head of command for the NPS at JKIA Police Division in Nairobi City County. He is enjoined in this Petition because he conspired with the 1st to 4th Respondent and authorized police officers under his command to participate in the illegal detention and removal of the Petitioner from Kenya on February 6, 2018.

 

  1. The 7th Respondent is Prof Githu Muigai, and the Attorney General and the State Officer in charge of the office established under Article 156 of the Constitution and is the principal legal adviser to the National Government, under which national security and by extension NPS and department of Immigration falls within the functional competency specified in the Fourth Schedule to the Constitution. He is sued on his own behalf for professional incompetency and for giving illegal advice to the 1st to 6th Respondents which caused them to abduct, detain, torture and treat the Petitioner in a cruel and inhumane manner and eventually and illegally purport to revoke his citizenship, to confiscate his passport, designate him as a member of prohibited class and a prohibited immigrant and eventual removal from Kenya. He is the Legal Officer responsible for representing national government in Court. Under Article 156 (6), the 7th Respondent is obliged to promote, protect and uphold the rule of law and defend the public interest.

 

  1. The 1st Interested Party is the Kenya National Commission on Human Rights (KNCHR) which is a Constitutional Commission established by Article 59 as read together with Article 248 of The Constitution. Its mandate includes at Article 59:

 

  1. To promote respect for human rights and develop a culture of human rights in the Republic;
  2. To promote the protection, and observance of human rights in public and private institutions; and,
  3. To monitor, investigate and report on the observance of human rights in all spheres of life in the Republic, including observance by the national security organs.

 

FACTS IN SUPPORT OF PETITION

 

  1. On 2nd February, 2018, at about 6.00 am, a group of about thirty four 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. The Petitioner would only learn later in the day that these invaders were police officers and/or agents of and persons under the control and direction of the 3rd, 4th and 5th In fact, for the entire duration the Petitioner was under illegal detention, the 5th Respondent was in-charge and personally directed what had to be done with the Petitioner.

 

  1. They used explosives to break into the gate to the Petitioner’s home and his main door. They destroyed property and ransacked the Petitioner’s house, before they abducted him by forcing him into a car. They drove him first to Kiambu Police Station, then moved him to Githunguri Police Station and later to Uplands-Lari Police Station where he was held for most of the time he was in detention. Between Friday February 2, 2017, when he was moved to Uplands-Lari Police Station he was held incommunicado and in deplorable conditions. He was subjected to torture cruel and inhumane treatment for all the period of his detention. He was only given food twice during the entire period of detention, made to stand for very lengthy period, forced to sleep on cold cement floor without provision for any beddings, at times denied access to washroom and was threatened with death by the police officers, including by the 5th Respondent and was constantly insulted and rebuked by police officers.

 

  1. The Petitioner would finally be moved to Internal Container Depot Police Station before he was taken to Kajiado Law Courts on 6th February 2018 to answer to charges of:

 

  1. Being present and consenting to the administration of an oath to commit a capital offence namely treason contrary to Section 59(a) of the Penal Code;
  2. Taking part in unlawful assembly contrary to Section 5(II) Of the Public Order Act; and,
  3. Engaging in organized criminal activity contrary to Section 3(a) as read with Section 4(1) of the Prevention of Organized Crime Act No. 6 of 2010.

 

  1. At no time, prior to the invasion of his home and even during the time the police remained in the house and during the entire time of the detention of the police before appearing at the Kajiado Law Courts was the Petitioner informed of the reasons for his detention and or arrest. Prior to, and at the time of invasion of his home, the police never informed the Petitioner of their intention to enter and never requested permission to enter or search his house. In fact the individuals who violently broke and entered his home and house on 2nd February, 2018, never identified themselves to him or anyone else before or at the time of break and entry and for the period they remained at his home.

 

  1. On 2nd February, 2018, Justice Wakiaga heard an Application brought by the Petitioner seeking anticipatory bail/release and granted him a Kshs. 50,000.00 cash bail. He ordered that he appear before him on 5th February 2018.

 

  1. The 3rd and 4th Respondents refused to release the Petitioner as ordered although they were duly served with the Order of the Court. This necessitated Justice Kimaru to issue two other Orders to compel the 3rd and 4th Respondents to release the Petitioner and eventually finding the two Respondents in contempt of Court. Justice Kimaru issued similar Orders on 6th February, 2018, specifically requiring that the Petitioner be released to his Court. On 6th February, 2018 the learned Judge remained in his Chambers until 7.00 pm to ensure that he was available for the Petitioner’s release.

 

  1. Earlier in the day on 6th February, 2018, and despite Justice Kimaru’s Orders of 5th February, 2018 that the 3rd and 4th Respondents produce the Petitioner in his Court at 9.00 am, the 3rd and 4th Respondents (who were duly served by the office of the Director of Public Prosecutions) violated the Orders and together with 5th Respondent instead drove the Petitioner to Kajiado Law Courts where they presented the above-named charges and attempted to have the Petitioner charged. However, the RM at Kajiado ordered the 3rd and 4th Respondents to present the Petitioner to the High Court in Nairobi to comply with the Orders of Justice Kimaru. The Honourable E. Mulochi, RM also required that the Petitioner be brought to his Court for plea on 14th February, 2018.”

 

  1. Instead of producing the Petitioner as ordered by the High Court and the Magistrate Court, the 3rd and 4th Respondents continued to detain the Petitioner driving him to the Airport and conspiring with the 1st, 2nd, 5th, 6th and 7th Respondents, to illegally remove him from Kenya after the 1st Respondent issued illegal orders ostensibly revoking the citizenship of the Petitioner and classifying him as a prohibited immigrant. At all material times up to the point when the Petitioner was forced by the Officers of the 1st, 2nd, 3rd, 4th, 5th and 6th Respondents (under the active command of the 5th Respondent) to Board the Royal Dutch Airline Flight KL 0691, the Petitioner remained in the active custody and control of the 1st to 6th

 

  1. At no time prior to being notified that he was being classified as a prohibited immigrant and his passport confiscated was the Petitioner notified of the intention of the 1st Respondent to do so. After exiting Kajiado Law Courts on 6th February, 2018, the Petitioner was denied any contact with Counsel, intermediary or family member. In fact he was, until the time he was forced to board the flight held incommunicado.

 

  1. The Petitioner is a Kenyan citizen by birth born in Magina village on the shores of river Nyando in the Kano Plains, Kisumu County. Both his parents – his father Joshua Miguna Jomune and his mother Margaret Sure Miguna (now both deceased) were Kenyan citizens by birth. The Petitioner also holds Canadian citizenship acquired through registration.

 

  1. The Petitioner is an Advocate of the High Court of Kenya, admitted in 2008 and a Barrister and Solicitor in the Province of Ontario, Canada. He has been of good standing with the Law Society of Kenya and the Law Society of Upper Canada for the respective duration of his admission to the bar. He actively practices as an Advocate in both jurisdictions.

 

  1. The Petitioner owns a home in Runda Estate Nairobi and in Kisumu County. Most of his family members reside in Kenya.

 

  1. The Petitioner served as public officer and specifically as a Permanent Secretary and Constitutional and Legal Adviser to the Grand Coalition government between 2008 and 2012 and undertook many official foreign missions on behalf of the government of Kenya. In 2017, the Petitioner was one of the candidates cleared by the Independent Electoral and Boundaries Commission (IEBC) to run for the position of Governor, Nairobi County. The Petitioner was also an aspirant in 2007 general election for Nyando parliamentary seat during the Orange Democratic Party (ODM) primaries. He has voted in all the last three Kenya’s general elections.

 

CONSTITUTIONAL/STATUTORY BASIS RELATING TO PETITION & GROUNDS FOR THE PETITION

 

  1. The Rule of Law and Good Governance

 

  1. Article 10 of the Constitution establishes rule of law and good governance as some of the principles of governance. These principles are reflected in many parts of the Constitution, including Article 2 which provides that any law or action that is in contravention of the Constitution is void to the extent of the contravention.

 

  1. The rule of law and good governance principles requires that every state organ or officer acts only within the powers conferred on them by and in accordance with the constitution. But the principles also require state organs/officers discharge legal obligation required on them by the Constitution or any other law. Critically the rule of law requires state and public officers to act in accordance with the law, including and without equivocation, following Court orders.

 

  1. The rule of law requires that any action undertaken by a state organ/officer be based on the law. Even where a public officer exercises authority based on discretion, pthat discretion has to be exercised in compliance with the rule of law principles.

 

  1. Under Article 153(4)(a) requires Cabinet Secretaries to “act in accordance with this constitution”. Article 156(6) states that the Attorney General “shall promote, protect and uphold the rule of law and defend the public interest.”

 

  1. Specific to the National Police Service, Article 244 of the Constitution provides:

 

  1. The National Police Service shall—

 

  1. strive for the highest standards of professionalism and discipline among its members;
  2. prevent corruption and promote and practice transparency and accountability;
  3. comply with constitutional standards of human rights and fundamental freedoms;
  4. train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity; and
  5. foster and promote relationships with the broader society.

 

  1. Article 19 concerns the observance of the Bill of Rights and provides:

 

  1. The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies.
  2. The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.
  3. The rights and fundamental freedoms in the Bill of Rights—
  4. belong to each individual and are not granted by the State;
  5. do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and
  • are subject only to the limitations contemplated in this Constitution.

 

  1. Article 21(1) is instructive stating that it “is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights.”

 

  1. Citizenship and Right to Citizenship
  2. The Petitioner was born a Kenyan, of Kenyan parents and is entitled to Kenyan citizenship by birth on account of the provisions of Article 14 of the Constitution.

 

  1. The Petitioner did not lose his constitutional right of citizenship upon acquiring a Canadian Passport as he duly acquired a Kenyan Passport and National Identification Card in accordance with Article 14(5) of the Constitution.

 

  1. Under Article 16 of the Constitution, the Petitioner could not lose his citizenship on account of the Canadian passport.

 

  1. Right to fair hearing
  2. The Petitioner was arrested and charged before a Court of law and was entitled to a hearing on the charge levelled against him as required by Articles 50(1) and (2) of the Constitution and the right was infringed when the 1st, 2nd, 3rd, 4th, 5th and 6th Respondents unlawfully removed him from the jurisdiction in a purported deportation exercise.

 

 

VIOLATION OF THE CONSTITUTION AND THE LAW

 

  1. TO THE EXTENT THAT the 1st Respondent working in concert and with the acquiescence of all the other Respondents, purported to cancel the Petitioner’s citizenship, revoked and confiscated his passport and designated him as a member of a prohibited class and a prohibited immigrant, and eventually removed him from Kenya, the Respondents and particularly the 1st Respondent acted in excess of his powers and violated the Petitioner’s right to citizenship, his rights to identity documents including a passport, and his right of movement, to enter, and reside anywhere in Kenya as provided for in Articles 12, 14 and 39(3) of the Constitution.

 

  1. TO THE EXTENT THAT the 1st Respondent working in concert and with the acquiescence of all the other Respondents, purported to cancel the Petitioner’s citizenship, revoked and confiscated his passport and designated him as a member of a prohibited class and a prohibited immigrant, without according him to the due process contemplated in the Constitution, Immigration Act and the Fair Administrative Action Act, and particularly the rights contemplated in Articles 47, 48 and 51(1) of the Constitution, the Respondents violated the Petitioner’s rights to due process of the law.

 

  1. TO THE EXTENT THAT the Respondents refused to accord the Petitioner his right to counsel ad to give him notice of the intended adverse action that was being taken against him and further failed to provide him with reasons or any articulable reasons for taking the adverse action, the Respondents exacerbated the violations of the Petitioner’s right under Article 47s, 48 and 51(1) of the Constitution.

 

  1. TO THE EXTENT THAT the Respondent’s detained the Petitioner without justification and without informing him of the reasons of detention, held him in deplorable and inhumane condition, threatened him with death and physical harm, denied him food and basic sanitation services, the Respondents violated all the Petitioner’s right protected in Article 29 of the Constitution on freedom and security of the person.

 

  1. TO THE EXTENT THAT the Respondents acted illegally and without due regard of the constitution and the law, the effect of their violation is to deny the Petitioner his right to dignity (Art. 28); freedom and the security of the person (Art. 29); property (Art.40); socio-economic (Art. 43); family (art. 45) rights of a detained person, arrested and persons held in custody (Art.51) and all other rights that flow with the right to citizenship.

 

  1. TO THE EXTENT THAT the Respondents undertook all the enumerated illegal and arbitrary action against the Petitioner in total disregard of numerous Court Orders that required them to present the Petitioner before Courts, the Respondents acted in total violation of the constitutional rule of law and good governance provisions in Article 10 and those specific to each of the Respondent, they abused their office and violated the requirements of integrity in Chapter Six of the Constitution and the Public Officers Ethics Act 2003. Moreover, the skewed interpretation of the constitution and the law, failure to follow basic requirements of the law to serve the ends of their political benefactors is also a violation of the rule of law and good governance. In the circumstances Dr Fred Okengo Matiang’i, Rtd Major Gordon Kihalangwa, Joseph Boinett, George Kinoti, Mohamed Said and Prof Githu Muigai are unfit to hold public office.

 

  1. TO THE EXTENT THAT the Respondents undertook all the enumerated illegal and arbitrary action against the Petitioner in total disregard of numerous Court Orders that required them to present the Petitioner before Courts, the Respondents acted in total violation of the constitutional rule of law and good governance provisions in Article 10 and those specific to each of the Respondent, they abused their office and violated the requirements of integrity in Chapter Six of the Constitution and the Public Officers Ethics Act 2003 the charge sheet and entire proceedings against the Petitioner before the Chief Magistrates Court at Kajiado Law Courts in Criminal Case No. 174 of 2018, Republic v Miguna Miguna are unconstitutional, unlawful and cannot stand.

 

THEREFORE, THE PETITIONER PRAYS AS FOLLOWS:-

 

  1. That a declaration be and is hereby issued that the action of the 1st Respondent purporting to cancel the citizenship of the Petitioner, revocation and confiscation of his passport and other identity documents and the declaration that he was a member of a prohibited class and a prohibited immigrant and removal from Kenya were made in violation of Articles 12, 14(1)-(2) and 16 of the Constitution and a violation of the Petitioner’s right to citizenship including those specified in Article 39(3) of the Constitution and the 1st Respondent’s decision made on 6th February, 2018 is therefore, unlawful, unconstitutional, invalid and void ab initio.

 

  1. That a declaration be and is hereby issued that the action of the 1st Respondent purporting to cancel the citizenship of the Petitioner, revocation and confiscation of his passport and other identity documents and the declaration that he was a member of a prohibited class and a prohibited immigrant and removal from Kenya were made in violation of Articles 47, 48 and 51(1) of the Constitution because they were done without due regard to the requirements of fair administrative action, access to justice and denied the Petitioner a fair hearing before a before a court or, another independent and impartial tribunal or body and the 1st Respondent’s decision made on 6th February, 2018 is therefore, unlawful, unconstitutional, invalid and void ab initio.

 

  1. That a declaration be and is hereby issued that the manner in which the Respondents conducted themselves resulting to the purported cancellation of the citizenship of the Petitioner, revocation and confiscation of his passport and other identity documents and the declaration that he was a member of a prohibited class and a prohibited immigrant and removal from Kenya were done in violation of the rule of law and in direct contravention of provisions of the constitution that guide each of the named Respondents and was therefore an abuse of office.

 

  1. That a declaration be and is hereby issued that detaining the Petitioner without justification and without informing him of the reasons of detention, holding him incommunicado, holding him in deplorable and inhumane conditions, threatening him with death and physical harm, denying him food and basic sanitation services, was a violation of the Petitioner’s rights protected in Article 29 of the Constitution on freedom and security of the person.

 

  1. That a declaration be and is hereby issued that the action of the Respondents effectively infringes on the Petitioners rights to dignity (Art. 28); property (Art.40); family (Art. 45) rights of a detained person, arrested and persons held in custody (Art.51) and all other rights that flow with the right to citizenship.

 

  1. That an Order of certiorari be and is hereby issued removing into this Court and quashing the declaration under section 33 (1) of The Kenya Citizenship and Immigration Act 2011 dated 6th February, 2018 and signed by the 1st Respondent, indicating that the Petitioner is not a citizen of Kenya and that his presence in Kenya was contrary to national interest.

 

  1. That an Order of certiorari be and is hereby issued removing into this Court and quashing the declaration under section 43(1) of The Kenya Citizenship and Immigration Act, 2011 dated 6th February, 2018 and signed by the 1st Respondent directing the removal of the Petitioner from Kenya.

 

  1. That an Order of certiorari be and is hereby issued removing into this and quashing Gazette Notice No. Vol. CXX – No. 15 issued on 30th January, 2018 by the 1st Respondent, declaring the National Resistance Movement (NRM) to be a criminal organisation.

 

  1. That an Order of certiorari be and is hereby issued removing into this Court and quashing the entire proceedings against the Petitioner before the Chief Magistrates Court at Milimani Law Courts in Miscellaneous Criminal Appln. No. 375 of 2018 County CID Nairobi Area of Criminal Investigation Department v Joshua Miguna Miguna.

 

  1. That an Order of certiorari be and is hereby issued removing into this Court and quashing the charge sheet and entire proceedings against the Petitioner before the Chief Magistrates Court at Kajiado Law Courts in Criminal Case No. 174 of 2018, Republic v Miguna Miguna.

 

  1. That an Order of mandamus be and is hereby issued compelling the Respondents to return to the Petitioner his Kenyan passport and any other identification documents taken from him, within 14 days of this Order.

 

  1. That an Order be and is hereby issued requiring the Respondents to facilitate the re-entry of the Petitioner to Kenya at a date and time of his appointing including by issuing him with necessary travel documents if need be.

 

  1. That an Order for exemplary and punitive damages be and is hereby issued against the 1st to 7th Respondents jointly and severally, in their individual personal and official capacities, on account of their gross violation of the Petitioner’s fundamental freedoms and rights as enumerated in the Petition.

 

  1. That a declaration be and is hereby issued that Dr Fred Okengo Matiang’i, Rtd Major Gordon Kihalangwa, Joseph Boinett, George Kinoti, Said Kiprotich and Prof Githu Muigai are unfit to hold public office on account of their violations of the Constitution of Kenya, written law and the Petitioner’s rights.

 

  1. The 1st to 7th Respondents be and are hereby directed bear the costs of this Petition jointly and severally, in their individual personal and official capacities.

 

  1. That this Honourable Court be pleased to grant such further Order or Orders as may be just and appropriate.

 

DATED at Nairobi this 12th day of February, 2018

 

 

 

KHAMINWA & KHAMINWA

ADVOCATES FOR THE PETITIONER

 


DRAWN & FILED BY:

 

KHAMINWA & KHAMINWA

ADVOCATES

LR NO 1/776/F1, GEORGE PADMORE ROAD

OFF MARCUS GARVEY ROAD

P.O. BOX 43758 – 00100

NAIROBI

 

TO BE SERVED UPON:

 

  1. DR FRED OKENGO MATING’I

MINISTRY OF INTERIOR AND CO-ORDINATION OF NATIONAL GOVERNMENT

STATE OF DEPARTMENT OF INTERIOR

HARAMBEE HOUSE, HARAMBEE AVENUE

P.O. BOX 30310 – 00100

NAIROBI

 

  1. RTD MAJOR GORDON KIHALANGWA

DIRECTOR OF IMMIGRATION

DIRECTORATE OF IMMIGRATION AND REGISTRATION OF PERSONS

NYAYO HOUSE, 20TH FLOOR

KENYATTA AVENUE/UHURU HIGHWAY

P.O. BOX 30191 – 00100

NAIROBI

 

  1. JOSEPH K. BOINETT

INSPECTOR GENERAL OF POLICE

OFFICE OF THE INSPECTOR GENERAL

JOGOO HOUSE A

TAIFA ROAD

P.O. BOX 44249 – 00100

NAIROBI

 

 

  1. GEORGE KINOTI

DIRECTOR OF CRIMINAL INVESTIGATIONS

DIRECTORATE OF CRIMINAL INVESTIGATIONS

MAZINGIRA HOUSE

KIAMBU ROAD

  1. O. BOX 30036 – 00100

NAIROBI

 

  1. SAID KIPROTICH, OFFICE IN-CHARGE

THE FLYING SQUAD OF KENYA POLICE SERVICE

KENYA POLICE HEADQUARTERS

VIGILANCE HOUSE, HARAMBEE AVENUE

JOGOO HOUSE A

TAIFA ROAD

P.O. BOX 30083

NAIROBI

 

  1. OFFICER COMMANDING POLICE DIVISION – JOMO KENYATTA INTERNATIONAL AIRPORT

NAIROBI

 

  1. THE ATTORNEY GENERAL

ATTORNEY GENERAL’S CHAMBERS

SHERIA HOUSE

HARAMBEE AVENUE

NAIROBI

 

  1. KENYA NATIONAL COMMISSION OF HUMAN RIGHTS

CVS PLAZA, 1ST FLOOR

LENANA ROAD

P.O. BOX 74359 – 00200

NAIROBI

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  1. Kass

    February 12, 2018 at 12:27 pm

    Deep!Disobeying orders of Habeas corpus is impunity of the highest order!!

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News

Seven Kenyans sue government seeking to have their passports back

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BY BMJ MURIITHI

Seven Kenyans  on Monday sued the Immigration department chief Gordon Kihalangwa and Interior Cabinet Secretary Fred Matiang’i demanding to have their travel documents back.

This followed a directive that suspended their passports two weeks ago.

They include Nasa strategist Dr David Ndii, Siaya Senator James Orengo, Dagoretti North MP Simba Arati, businessman Jimi Wanjigi, University of Nairobi lecturer Dr Adams Oloo, lawyer Paul Mwangi and Mr Henry Mien who is a member of the Opposition’s strategy team.

In their plaint filed at a Nairobi court, the seven say they were informed through a letter dated February 5 that their passports would be suspended or confiscated after which the government made good the the threat.

They argue that  the move has unreasonably restricted their movement.

Their lawyer, Jackson Awele, says they were not granted a fair hearing hence their rights have been grossly violated.

“The impugned restriction is otherwise tantamount to a condemnation of guilt based on unilateral suppositions of the Immigration director and the Interior CS without a hearing,” said Mr Awele.

“It is only fair and just that this court expeditiously intervenes to secure as well as preserve their rights and freedoms as guaranteed under the Constitution, pending the determination of this case.”

A crackdown by the government targeting members of the Coalition has intensified in the last two weeks following the swearing in opposition leader, Raila Odinga. Lawyer Miguna Miguna, who claims to be the general of proscribed National Resistance Movement (NRM-Kenya) and who has admitted to commissioning Mr Odinga’s oath, has since been deported to Canada.

The government has seized about 15 passports belonging to NASA luminaries.

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News

Former Kenyan TV presenter Louis Otieno goes deaf

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Former television news anchor Lious Otieno has appealed for financial help to enable him undergo specialized treatment to regain his hearing. The family has revealed that Lious Otieno, who worked for a number of TV stations including KTN, KBC and Citizen, suffers from acute pancreatitis.

The journalist has been in and out of hospital over the past few years.  The Louis Otieno Medical Fund was launched on Friday by a committee formed to raise funds to help in offsetting the medical bills. The committee said Louis lost his hearing while in hospital.

“Efforts to get his hearing fixed including using hearing aids have not been successful,” it said. “During this period, he has not been able to engage in any gainful income generating activities which has been strenuous for him and family.”

The only way his hearing can be fixed is by having a procedure undertaken in India called Cochlear implant. A cochlear implant (CI) is a surgically implanted electronic device that provides a sense of sound to a person who is profoundly deaf or severely hard of hearing in both ears; as of 2014 they had been used experimentally in some people who had acquired deafness in one ear after learning how to speak.

Cochlear implants bypass the normal hearing process; they have a sound processor that resides on the outside of the skin (and generally worn behind the ear) which contains microphones, electronics, battery, and a coil which transmits a signal to the implant. The implant has a coil to receive signals, electronics, and an array of electrodes which is placed into the cochlea, which stimulate the cochlear nerve.

“The cost of this very needed surgery is quite high and hence our reaching out to friends, well-wishers, former peers and anyone who feels moved to support this man get his life back again,” the committee says.

Louis-Otieno-medical-fund Former TV presenter Louis Otieno goes deaf

Otieno has not been in good health for the past four years. In 2014, images of a frail Lious at Matter Hospital appeared on social media, which left many wondering what had happened to him.

At the time, Louis, the son of long-time radio presenter Elizabeth Omollo, was battling alcoholism.

 

LOUIS OTIENO MEDICAL FUND APPEAL

The committee, family and friends of Louis Otieno would like to inform you of the official launch of Louis Otieno Medical Funds Drive. As you all may be aware Louis has been unwell and in and out of hospital being treated for acute pancreatitis. During one of his admissions, Louis lost his hearing while in hospital. Efforts to get his hearing fixed including using hearing Aids have not been successful. During this period, he has not been able to engage in any gainful income generating activities which has been straineous for him and family.

After consultations with doctors, it was agreed that the only way the hearing could be fixed was by having a procedure undertaken in India called Cochlear implant.

The cost of this very needed surgery is quite high and hence our reaching out to friends, wellwishers, former peers and anyone who feels moved to support this man get his life back again.

A pay bill number has been opened (LOUIS ARMSTRONG OTIENO.Paybill Number 333957) and is active so you can send your donations directly to the paybill. The committee is also planning a harambee to support Louis. We all know of the great work he did in media and we wish to see him continue this good work.

Join us in the initiative to help Louis Otieno gain his hearing back again!

Thank you all in advance for responding to this call and may God bless you.

Sincerely

Committee of Louis Otieno Medical Fund.

……………………………….

Troubled career

Louis Otieno took a low-profile after quitting the screen five years ago. He has been on the spot over the 2012 death of his girlfriend Careen Chepchumba, the former Kenya Power employee who was found dead in her apartment. The family believes Louis Otieno, who was dating the then 26-year-old lady, had something to do with her mysterious death. He has since denied the charges including accusations that he extorted money from her.

Careen father, Hosea Kili, made the sensational revelations at the opening of the inquest into the death of Ms Chepchumba in May 2016 before a Kibera court.

-Business Daily

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News

Sad day as broadcaster Njoki Ndegwa of Jambo Radio passes away in Dallas, Texas

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Popular Diaspora Radio show host Njoki Wa Ndegwa is Dead. Ms Ndegwa, one of Kenya Diaspora pioneer  Radio show hosts and the proprietor  of Jambo Radio Network (formerly Jambo Boston Radio) passed away Friday in Dallas, Texas.

“It is true she has passed on,” a family member who spoke to this reporter Friday evening said. “We thought we were ready for any eventuality but I guess nobody is really ever ready for death…I can tell you the news of her passing has shattered me and the rest of the family,” she added.

Njoki had been ill for some time, having being diagnosed with breast  cancer in 2014. Later in  October 2016, doctors told her that she had Metastatic Brain Tumors, following which she underwent treatment and several surgeries at Parklands  Hospital in Texas.

In September 2017, she lost her voice and mobility  due to aggressive Metastatic Brain Tumors.

Njoki  Wa Ndegwa required Chemotherapy,  24 hour bedside homecare services,  rent, medical supplies and specialized breathing machine.

Two weeks ago, friends, family and well wishers got together for a well attended fundraiser in Texas. Another harambee had been scheduled for this Sunday at Ushindi Church in Lowell, Massachusetts. It was in Boston, MA, that  she initially set up her broadcasting station.

As soon as the news of her death broke, her family, friends, Kenyans in US and fans from around the world took to social media to express shock and disbelief.

Before coming to the U.S., Ms Ndegwa was a successful radio personality in Kenya, working for popular radio station which broadcasts in Kikuyu language, Kameme FM .

Once here, she thought she’d be a nurse, but quickly discovered her future wasn’t in medicine, choosing instead to follow the path she knew best…broadcasting.

Her friends urged her to go back to Kenya and resume her successful radio career at Kameme FM, but Ndegwa thought, “why not be a Kenyan radio host in Boston?”

The station did well but she later moved to Texas where she set up her equipment and continued with what she did best; connect people through her radio shows. This she did until she got ill.

 

Watch a BBC documentary focusing on Njoki’s work as a radio presenter:

On Friday night, Timothy Ndegwa, the CEO of Mykenyanlink Network, a close friend to the deceased wrote on Facebook: It’s a sad day at
#JamboRadioNetwork

I remember this day vividly. The last photo we took in Atlanta on June 18th 2017 around noon. The last time I saw you standing on your feet. Three months later you were bed riden never to walk again. Several times I visited with you in the hospital and at home. You struggled but stayed strong. We communicated through gestures. The smiles and noding were affirming. I am honored to have been a partner with you at Jambo Radio Network.
May your soul rest in peace.
#JamboRadioNetwork
#RipNjokiWaNdegwa
#NjokiWaNdegwa
#MyKenyanLink

Timothy Ndegwa poses for a photo with Njoki Ndegwa in Atlanta in 2016. PHOTO|COURTESY

 

Njoki Wa Westlands wrote: Indeed it is. What a black Friday… God help us to overcome this cup.
Jane Njenga: It’s unbelievable, very sad.
John Wachori: Iguru ria maundu mothe Ngai Ithe Witu ni mwega. Na eekaga uria we onete ati niwega. We bless His Holy Name.

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