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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.

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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.

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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.”

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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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IN PICTURES: This man Inayat Kassam

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BY OLIVIA MUNGWANA

His face has been splashed on local and international papers as he gallantly rescued and directed survivors of the Tuesdays attack at 14 Riverside complex.

Meet Inayat Kassam, the man who saved lives during the Westgate attack in 2013 and on Tuesday stepped up again to be among the first responders.

Kenyans across the country have been paying glowing tribute to Mr Kassam, calling him a hero for his selfless sacrifice to rescue victims trapped in Dusit D2 Hotel.

On 21st September 2013, after four masked gunmen attacked Westgate shopping mall and killed at least 67 people, he was among the first people who rushed to the scene of attack

Mr Kassam is not a police officer. He is a licensed firearm holder and a security instructor who trains people on how to use weapons at a shooting range.

Inayat Kassam during Westgate and the Riverside operation

 

 

Inayat Kassam

 

 

Inayat Kassam rescues a woman from Dusit attack

 

Inayat Kassam during the Riverside operation

 

 

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Linturi: Kitany out to rip me off my property

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Meru Senator Mithika Linturi has urged a Nairobi court to dismiss an application by Ms Marianne Kitany, who claims to be his wife, saying, she is trying to strip him of his property.

Arguing before the court yesterday, Mr Linturi, through lawyer Muthomi Thiankolu, said Ms Kitany hid some facts from the court when she got temporary orders giving her exclusive use of their Runda home.

The senator denied that Ms Kitany was a “jobless housewife with no stable income”, but that she has several multimillion properties, businesses and assets.

I have never cohabited or entered into a customary relationship with the petitioner” he said. He said he never dissolved his marriage to Ms Mercy Kaimenyi and claims that he and Ms Kitany were married under Meru customary law were false.

Mr Linturi told the court Ms Kitany has no evidence to prove he has been violent towards her and the court order was a desperate attempt to defraud him of property. Instead, it was Ms Kitany who was “cruel, mean and hostile towards my children who are still at a tender age”.

But Ms Kitany, through lawyer Danstan Omari, insisted that there was a very personal relationship between the two and she was not a visitor as alleged by Mr Linturi.

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She said the amount of time they spent together cannot be wished away and that she even campaigned for him during the 2017 General Election.

Her lawyer said the court has a duty to protect the dignity of people in personal relationships and any forcible eviction without due regard to the law must be resisted.

She is a jobless former public servant while the respondent is a powerful senator. She is therefore vulnerable and the rightful place where she can seek protection is the court,” he said.

He said it will be a great calamity if men are allowed to “use and dump women”.

Senior Resident Magistrate Isaac Orenge will rule on the matter on February 1. Ms Kitany will meanwhile remain at the Runda residence.

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BREAKING: PRESIDENT: All Dusit attackers have been killed

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All terrorists who stormed Dusit office park in Nairobi on Tuesday have been killed, President Uhuru Kenyatta announced has announced.

On the other hand, at least ten people have died and 30 others rushed to various hospitals in Nairobi with injuries following a suspected terrorist attack at an upscale hotel in Nairobi’s Westlands.

Five people died at the Secret Garden restaurant in the Dusit complex after a suspected suicide bomber blew himself, according to the Inspector-General of Police Joseph Boinnet.

Another woman succumbed to her injuries at the MP Shah Hospital which had received six casualties following the Tuesday afternoon attack.

Four survivors were taken to the Aga Khan University Hospital.

At least 174 people have been rescued in an attack that has left 15 people dead. The bodies arrived at Chiromo Mortuary by 1am and more are expected. Attendants said they had been put on standby.

More to follow.

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