The millions that await Miguna if he is allowed back tomorrow

Matiang'i, Kinoti, were ordered to personally raise the money

File image of lawyer Miguna Miguna

Activist Miguna Miguna may be in for a victorious 2020 if the government fulfills its promise to fully comply with court orders issued on December 14th 2018.

On Monday, Director General of Immigration Services said the government intended to comply with the High Court orders which among other things, ruled that Interior CS Fred Matiang’i’s order to detain and deport Miguna were illegal, null, and void.

In constitutional petition no. 51 of 2018, Miguna sued Matiang’i, Director of Immigration Gordon Kihalangwa (now public works PS), the Inspector General Joseph Boinnet, DCI boss George Kinoti, then head of Flying Kiprotich Said Kiprotich, and the Jomo Kenyatta International Airport.

The activist complained over the manner he was arrested shortly after swearing in ODM Leader Raila Odinga at the infamous parallel swearing in of January 30.

Justice Chacha Mwita condemned Matiang’i’s decision to order Miguna to be forcefully taken out of the country without following due process.

The officials in the suit were ordered to pay Miguna a total of Sh7.27 million - 7 million for violating Miguna’s rights and Sh270,000 for damage to the lawyer’s house which was attacked with an explosive during his arrest in February 2018.

Justice Mwita further directed the officials to facilitate Miguna’s return by returning to him his Kenyan passport which was taken from him during his arrest.

An order of mandamus be and is hereby issued compelling the Respondents (Matiang’i and company) to immediately return to the Petitioner (Miguna) his Kenyan passport and any other identification documents taken from him. The Petitioner is hereby awarded general damages of Kshs7 million for violation of his rights and fundamental freedoms to be borne by the 1st to 6th Respondents jointly and severally."

The Petitioner is awarded Kshs. 270,000 for the damage of his house to be borne by the 1st to 6th Respondents jointly and severally,” the judge ruled.

The High Court had also ruled Matiang’i and his colleagues should personally pay Miguna’s lawyers for costs incurred during the lawsuit.

If the court orders are fully complied with, it will surely be happy start to 2020 for Miguna.


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