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VIDEO: Miguna unceremoniously whisked out of Kenya

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Fiery Nasa politician Miguna Miguna has been ejected to Canada via a KLM flight, his lawyers Dr John Khaminwa, Nelson Havi and Cliff Ombeta say.

Mr Ombeta said he was informed that Mr Miguna was Tuesday evening put on a flight headed for Amsterdam then Canada.

Dr  Khaminwa, on the other hand said his client “is already out of Kenya’s airspace”.

“It is true. He was forced into a KLM flight minutes to 10pm and we gather he is headed to Canada. Such a travesty of justice,”  Khaminwa said by phone.

It is not clear what law the government used to eject him from Kenya as the Constitution guarantees him citizenship since he is Kenyan by birth.

A a senior govt official said that the Interior Ministry will give a detailed statement in the morning.

He said when Mr Miguna was arrested, the Canadian government had written to Kenya expressing concerns that their citizen was being harassed and they wanted him back.

HELD INCOMMUNICADO

Mr Miguna Tuesday narrated how he was held incommunicado for five days without access to his family or a lawyer following his arrest last Friday.

He said police officers humiliated him by locking him up in conditions “unfit for human existence.”

Mr Miguna was speaking at the Kajiado Law Courts where he was taken after his arrest last Friday on suspicion of taking part in a ceremony in which opposition chief Raila Odinga was sworn in as the people’s president on January 30.

Reports of his deportation come hours after High Court Judge Luka Kimaru barred the Director of Criminal Investigations and the Inspector General of the police from preferring any criminal charges against him.

DISOBEYED COURT ORDER

The judge had earlier ruled that the Police IG and the DCI were guilty of disobeying court orders regarding his release.

While the court in Kajiado ordered that he be presented before Justice Kimaru’s court at Milimani, Mr Miguna was not produced in the court and his lawyers stayed late within the court’s premises waiting for his release.

READ ALSO:   VIDEO: Kenyan man explains why he should be the president

He was arraigned in a court in Kajiado on Tuesday but did not plead to charges preferred against him.

Justice Kimaru had directed that police present him before court Wednesday at 11am.

KAJIADO COURT

The Kajiado magistrate had ruled that Mr Miguna be taken before Judge Kimaru in the High Court in Nairobi before 3pm Tuesday for orders on his bail terms.

He further directed that Mr Miguna appears before him on February 14 to take a plea.

This not likely to happen as the Nasa activist has now been ejected out of Kenya.

NASA SUPPORTERS RESTLESS

On Tuesday evening, Nasa supporters who had filled the Milimani courtroom were restless on whether he had been freed after Judge Kimaru ordered for his release.

The judge said he would not leave the premises until Mr Miguna was brought before him.

“I have been informed that he is in the building, so it remains that he is free,” the judge said before he walked out of the courtroom, leaving Nasa supporters shouting and demanding to see him.

CHARGE SHEET

The charge sheet against Mr Miguna alleged that he “was present and consented to the administering of an oath to Raila Amollo Odinga purporting to bind him to commit a capital offence of treason,” leading to fears among opposition supporters that the Nasa leader could also be arrested and charged with committing treason.

Following Mr Miguna’s arrest and failure to charge him in court, the Inspector-General of Police Joseph Boinnet and the Director of Criminal Investigations George Kinoti had been ordered to appear in court to explain circumstances surrounding their failure to release the Nasa activist.

Mr Miguna was arrested last Friday and on the same day High Court Judge James Wakiaga granted him a Sh50,000 bond but he was not released.

READ ALSO:   VIDEO: Judge Njoki Ndung'u says she was physically assaulted by her dad in Karen

NASA ‘OATH’

The Directorate of Criminal Investigations then said Mr Miguna was arrested after he confessed to administering Nasa leader Raila Odinga’s ‘oath’ and for being a member of an illegal organisation – the National Resistance Movement (NRM).

Nasa said they would Monday file contempt of court charges against the government for violating orders to release Mr Miguna and to re-open three independent private television stations which were shut down on January 30, the day of the “swearing-in” of Mr Odinga as the “people’s president”.

Two TV stations – NTV and KTN News – had their signals restored on Monday evening while Royal Media Services’ Citizen TV and Inooro TV remained off air.

NARRATES ORDEAL IN POLICE CELLS

The self-proclaimed National Resistance Movement (NRM) “general” Miguna Miguna Tuesday narrated how he was held incommunicado for five days without access to his family or a lawyer.

The flamboyant opposition activist said police, who he described as crooks, humiliated him by locking him up in conditions “unfit for human existence.”
Mr Miguna, who was arrested on Friday on suspicion of taking part in a ceremony in which opposition chief Raila Odinga was sworn in as the people’s president on January 30, was addressing Magistrate Edwin Malochi at the Kajiado Law Courts.

CELLS

He asked Mr Malochi not to let police officers accompany him to the cells as he awaited the court’s ruling.

Donning a black suit and a white shirt, he asked the court to allow him to update his supporters on his ordeal as he awaited the ruling. “I do not want to go with these people,” he told the magistrate who granted his plea on condition that he remains in the dock with the officers besides him.

Present were his lawyers Koin Lompo and nominated Senator Judith Pareno who protested their client’s handling by the police.

CLENCHED FIST

In court, Mr Miguna was a picture of confidence and defiance, displaying the national resistance movement’s clenched fist symbol as he chanted: “They can’t break me. They can go to hell and back.”

READ ALSO:   All Kenyan school buses must be painted Yellow by March 30, orders Matiang'i

Mr Miguna spent the weekend at Lari Police Station in Kiambu after police refused to free him despite a court order that he be freed on a cash bail of Sh50,000.

He was arrested at his Runda home, driven to Githunguri police station and transferred to Lari police station.

Mr Miguna told the packed court that from Lari, he was transferred to Industrial Area inland depot which he described “as the most humane” of all the police stations he was detained in during his five-day ordeal.

“It was only yesterday that I was given water and a toothbrush,” he said, displaying the white toothbrush.

On his arrest, he said: “They used explosives to break into my house, which is against the law. They did not even identify themselves. Had they done so, I would have opened the door for them.”

ROUGH-LOOKING OFFICERS

He said the officers looked rough and were not dressed in uniform.

“Some of them were bearded, while others had dreadlocks; in fact I thought they were Mungiki. They did not even tell me that I was under arrest; they just led me away with guns.”

His supporters cheered him on with opposition slogans “Tibim” and “Resist.”

At some point, just before the magistrate came to deliver his ruling, Mr Miguna felt his supporters were getting agitated and waved to them to maintain order.

The magistrate ruled that Mr Miguna be taken before Judge Luka Kimaru in the High Court in Nairobi before 3 pm for orders on his bail terms. He further directed that the fiery lawyer appears before him on February 14 to take a plea.

And, just as quickly as he was brought to court, officers pounced on him after the magistrate’s ruling and drove off fast in a convoy of three vehicles.

 

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Diaspora

Police investigate Margaret Nganga’s death as family reels in shock

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BY BMJ MURIITHI

Police in Canton, Georgia, say an autopsy will be done to determine the cause of death of a 44-year-old Kenyan-born nurse whose body was found  in her car Tuesday night at the parking garage of Northside Hospital-Cherokee, about 40 miles North of the city of Atlanta.

The body of Margaret Nganga, 44, who worked at the hospital, was discovered by a security guard.

Northside Hospital spokesperson Katherine Watson said that the institution’s administration and coworkers were shocked by the incident.

“We are deeply saddened by the loss of one of our own,” she added. “Our thoughts and prayers are with the nurse’s family, friends and co-workers.”

On Thursday, Canton Police Department spokesman Pacer Cordry said There was no evidence of foul play or nothing evident to indicate a medical issue.

“At this point it doesn’t look suspicious,” he said. “However, a postmortem will be conducted to determine a cause of death,” he added.

According to the hospital spokesperson, Margaret  was expected at work on Monday but did not report as scheduled.

A hospital security guard later discovered her body in her car, Cordry said.

“The security guard was looking for her but she didn’t show up for work.”” Cordry said. ”

READ ALSO:   Confusion as Raila re-edits his Twitter Bio 4 times within 12 hours

Ms Ng’anga’s death has shocked the Kenyan community in metropolitan Atlanta, many of whom knew her.

An aerial view of Northside Hospital-Cherokee. PHOTO/COURTESY

Below is a message from Margaret’s first born daughter, Mercy Nganga:

 

BY MERCY NGANGA

On Monday May 21st 2018, my loving mom went to work and did not make it back home.  My mom was a healthy nurse and always jovial as any 43 year lady would be. There were no signs of illness neither did she complain of any ailments.

Her sudden death has left our family saddened and baffled as to the cause. We are left to plan for an event every human being avoids thinking of- laying one’s loved one to rest.
As we await police investigations, my 3 siblings, dad and I are seeking any help you can accord to deal with this tragedy.

Click here to support the funeral arrangements:

GOFUNDME – Margaret Nganga Memorial Fund

 

Northside Hospital-Cherokee

More Updates

It is with deep sorrow that we inform you that Margaret Nganga wife to Daniel Kimani (General) of Acworth, Georgia passed on Tuesday, May 22nd 2018.

She leaves behind four young children; Mercy, Evah, Ben and Mumbi.

Prayers

Family, Friends and well-wishers are meeting daily for prayers from 7pm at

READ ALSO:   Kenyan parents in US reward their son with a brand new Audi A6 for excelling in school

KACC: 771 Elberta Dr. Marietta, GA. 30066

 

Memorial & Celebration of Life

Sunday, May 27th 2018 at 1PM at

KACC: 771 Elberta Dr. Marietta, GA. 30066

 

Financial Support:

Bank: Bank of America

Account name: Kenneth Nganga & Mary Njambi Kinyanjui

Account# 3340 5449 7557  /  City: Acworth / Zip Code: 30101

 

CashApp: 678-933-9427

 

 

Contact:

Virginia Miringu 770 815 5525

Jeremiah Thuku 404 642 7729

Kate Njeri 770 826 2738

Titus Ngugi 404 579 0802

SK Kimani 404 482 8923

 

Other arrangements will be communicated as they become available.

Please uplift the family with prayers.

May her Soul Rest in Eternal Peace

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Diaspora

Kenyans in Diaspora condemn 15 year jail term for woman who had sex with a boy

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News that a 24-year-old woman was on Wednesday jailed by a Kisumu court after she admitted that she had sex a 16-year-old boy, has riled a section of Kenyans in the Diaspora.

Judith Wandera was found guilty of defilement and intentionally performing indecent act on a minor contrary to Sexual Offences Act, on July 5, 2017 at Kicomi area.

READ THE STORY HERE: Kenyan woman slapped with a 15 year jail term for raping a 15 year old boy

The case has generated debate with many Kenyans, including senior lawyers, terming the sentence unfair in the circumstances.

Writing in various Kenyan Diaspora Facebook groups, many are questioning the rationale used at reaching the decision by Chief Magistrate JN Wambilyanga.

Most comments seen by ksnmedia.com appear to suggest that although the two had sex, it was consensual and there was no way for the woman to tell that the “man” was actually a minor.

Maggie Marikah Kwabena of Atlanta wrote: The word rape is being bandied around too loosely here.

John Kariuki wrote: The so called boy was a big man complete with dreadlocks. You would think he was older than the woman. What did you expect her to do? Ask for his ID.

Jacinta Kemunto wrote: Too harsh a sentence. These magistrates are so quick to punish people waliokuwa kwa raha zao yet it takes decades to jail maize smugglers and members of the various cartels. Give us a break.

READ ALSO:   VIDEO: Jeff Koinange's comments about life in US rile some Kenyans

Babiekk wrote: Who is complaining? The magistrate should look at merits and demerits carefully. Why waste the life of a woman whose only sin is to be seduced?

This was happening as a law firm, Dome and Kedogo Advocates, volunteered to appeal jail sentence pro bono (free of charge).

Wandera, who did not have a lawyer, did not present any witness during the case and instead, sought to prove that she never thought the boy was a minor since they met in a club in the Kondele slums where he offered to buy her alcohol and they started dating.

In her defence, she said looking at his physical appearance, the boy, a thread-locked boda boda rider, did not appear a minor. They had dated for one year before they were arrested on July 17 last year after the boy’s mother lodged a petition. She added he used to smoke bhang.

Ms Wandera, a single-mother of one, did not dispute the affair, a factor the magistrate took into account in sentencing her.

“Both admitted having sex, sometimes protected, sometimes unprotected. According to her, she could not tell how many times they did it,” said Ms Wambilyanga in her ruling.

However, critics have taken issue with the ruling, saying the magistrate failed to take into account provisions in the Sexual Offences Act, which allow for misleading physical appearances to be used as a defence by the accused and instead ruling she should have made effort to determine his age.

She added that the two were arrested twice and on those occasions asked to stop the relationship after the complainant’s mother raised the age-difference issue, but the woman ignored.

READ ALSO:   FULL VIDEO: Uninterrupted Jamhuri Day celebrations at Kasarani, Nairobi

“The mother was not happy because the woman was older,” said the magistrate.

In her mitigation, Wandera asked for forgiveness, saying she has a son, a brother and her mother she was taking care of.

“I am the only person taking care of all of them. Please forgive me I will never repeat the offence,” she pleaded to no avail.

Among those who have questioned the ruling are lawyers Kamotho Waiganjo, Nelson Havi and Wahome Thuku. Those who reacted to their various positions challenged them to take up the issue on a pro bono basis.

 

Nelson-Havi Law firm to appeal Judith Wandera's 15-year jail termImplementation of the Sexual Offences Act, which was originated by then Nominated MP Njoki Ndung’u, now Supreme Court Judge, has been problematic as it sets a minimum jail term of 15 years giving little leeway to judges and magistrates to consider other circumstances.

Critics also three parallels with the 2016 ruling by Justice Said Chitembwe, which set free Martin Charo, 24, who had been sentenced to 20 years in prison for having sex with a 13-year-old on the basis that crying was not enough evidence of defilement and that she “enjoyed it.”

Nelson-Havi Law firm to appeal Judith Wandera's 15-year jail term“Where the child behaves like an adult and willingly sneaks into men’s houses for purposes of having sex, the court ought to treat such a child as a grown up who knows what she is doing. She went to the appellant’s place to have sex. She had known the appellant for about three years. She dodged her brothers after going to the beach and sneaked into the appellant’s house,” he argued.

READ ALSO:   VIDEO: Kenyan man explains why he should be the president
The ruling was awarded the Golden Bludgeon in Spain on Wednesday by Women’s Link Worldwide, beating 18 other cases to emerge the world’s worst ruling for women’s rights in 2016. The State appealed the ruling.

Others have, however, defended Wandera’s jail term, saying defilement of minors, especially, girls has become rampant with many being wooed by money and presents, including sanitary towels.

Business Today has conributed to this report

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Majanja’s body received in Nairobi, to be buried Saturday in Kakamega

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BY BMJ MURIITHI

The body of Timothy Majanja, a 71-year-old homeless Kenyan who has been living in the United States and who, at one point, wanted to return home after 46 years in North America, arrived in Nairobi Thursday ready for burial in Lubao Village, Kakamega County on Saturday.

His body was received by Umash Funeral home in the Kenyan capital before it was transported by road to its final resting place in Kakamega.

Majanja died last month at at Grady Memorial Hospital in downtown Atlanta where he had been rushed in an ambulance while in critical condition.

Medical personnel at the hospital said he died from complications emanating to an earlier ailment which led to him having “extremely high blood pressure.”

Soon after receiving the news of his death, Majanja’s relatives in Lubao, Kakamega, expressed their wish that the body could be flown home for burial.

On Thursday, Protus told Ksnmedia that he was very happy that the body arrived home.

“Is this what we would have wished? Of course not…but I can tell you  that we are very delighted to see the body of  Mzee Majanja. This will bring some form of closure,” he said.

“We were devastated by the news and the elders here couldn’t fathom the idea of their son being buried or cremated  in a foreign land, thousands of miles away from his ancestral home,” said Protus Muhanji Shikoli, Majanja’s nephew.

“We have been through a lot as a family….we wished we could see him alive but obviously, it was not meant to be,” he added.

After Majanja’s death, well wishers, friends and family members got together and raised enough money to pay for the services at West Cobb Funeral home where the body was preserved and also to repatriate it to Kenya for burial.

READ ALSO:   REVEALED: Raila Odinga among 10 wealthiest persons in Kenya -Tuko

“Let us never grow weary of doing good,” said Pastor Salania Salania quoting part of a Biblical verse (Galatians 6:9 when Apostle Paul was writing to the Galatians). He was one of the organizers of a  fundraiser held at believers’ Center in Atlanta, Georgia, where close to $7,000 was raised. Most of those who contributed money had not even met Majanja in person. “We didn’t have to know him to help,” added Mr Salania.

According to Ms Catherine Ogembo, Majanja’s niece who lives in the New Hope City in Minnesota, and who is accompanying the boday, her uncle’s final journey will be on Saturday when he will be laid to rest on his piece of land in Kakamega.

Mr Majanja was in the news in 2014 when NTV aired a story about his plight in which he appealed for help to return to Kenya after living in North America for an uninterrupted period of 46 years.

He told the Nation that he had had enough of the US and wanted to go back to Kenya and rejoin his family. He however did not have any travel documents.

Following the story, many Kenyans expressed their willingness to help him return home.

Watch related video below:

Majanja left Kenya for Canada in 1968, moved to the state of Georgia in the United States in 1993, and has been living in squalor since losing his job 25 years ago.

READ ALSO:   All Kenyan school buses must be painted Yellow by March 30, orders Matiang'i

“I have been leading a miserable life here and it is high time I left this country,” he told this reporter in an interview on Memorial Drive in Atlanta, Georgia.

After the story aired, Mr Alphonce Shikoli, his elder brother, told NTV’s Namukabo Werunga that the family was excited to know that their relative was alive.

“We eagerly await the return of our ‘prodigal son’. We are fattening a bull to slaughter upon his arrival,” said Shikoli at his rural home in Lupao Village, Kakamega County.

 

In December of the same year, Majanja was hospialised at Grady Hospital where he had been taken after falling ill.

And in an email to the Nation then, an official at the Kenyan embassy in Washington, DC, said the hospital had been in touch, seeking help in tracing Mr Majanja’s relatives.

“But I was not able to talk to him as I was informed that he is not coherent,” said Ms Evelyn Cheluget, the then immigration attaché at the Kenyan mission.

In the 2014 interview which went viral,  Majanja, however, said he was stuck because he lost all his documents and cannot travel and appealed to the Kenyan Government, through the Ministry of Foreign Affairs, to help him out.

POLITICAL OFFICE

In 1973, he was recruited by the Canadian government into the prestigious Royal Canadian Mounted Police, where he served before venturing into politics.

He run for political office as a city representative in Calgary, Alberta, before unsuccessfully contesting a vacant mayoral seat.

Mr Majanja, however, declined to disclose when or why he left the Canadian police service.

“That matter is confidential,” he said.

READ ALSO:   FULL VIDEO: Uninterrupted Jamhuri Day celebrations at Kasarani, Nairobi

After relocating to Atlanta, he worked for a transport company before losing his job.

“I lost my driver’s license and all the other documents which I had kept in a safe deposit at a local bank,” he said.

Mr Majanja said he has sought help several times from the US and Canadian governments without success.

“I have no single document and can’t travel anywhere,” he said, adding, “I appeal to the Kenyan embassy to give me some travel documents so I can visit my relatives back home.”




MARRIED TO CANADIAN

During the interview with the Nation, he showed photos of his sojourn in Canada in which he looked young and energetic.

“I married a Canadian lady and we had a son, but now I can’t even travel there to visit them,” he said.

“I thought I was strong enough, but now I need help,” added Majanja, who looked weak and a pale shadow of his former self.

Though hardly reported due to the stigma associated with homelessness, drug addiction or mental illness, cases of destitute Kenyans living in the United States have risen in recent years.

In 2012, the body of a homeless Kenyan was discovered in a lake near Boston, Massachusetts.

Early in 2014, police in Atlanta found a homeless and mentally unstable Kenyan man in a forest in Decatur, Georgia.

The authorities handed the man over to the pastor of a Kenyan community church who asked the congregation to raise money for his upkeep and eventual repatriation to Kenya.

In May of the same year, he was reunited with his family in Kenya.

Watch related video below: Is homelessness among Kenyans in US exaggerated?

 

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