"Miguna’s deportation traumatized me," Willy Mutunga confesses

How Miguna's deportation affected Willy Mutunga

Speaking during an interview on The Elephant, Mr Mutunga stated that what happened to Miguna reminded him of his experience as a detainee during the era of retired President Daniel Moi.

Mr Mutunga, who was a lecturer at the University of Nairobi, was detained incommunicado from 29 July 1982 to 20 October 1983 for political reasons. After his release, the former CJ went into exile in Canada.

"What happened to David Ndii, Miguna and people like Jimmy Wanjigi losing their passport has actually traumatized me because this is what happened in the 70s and 80s. People would disappear or the police will come and pick you and hold you incommunicado and they would do it in the presence of your wife and children," he said.

Mutunga who is also a human rights activist emphasized that the Miguna saga was not a legal issue because the Constitution is crystal clear concerning the Canadian-based lawyer’s Kenyan citizenship. According to him, it is a political matter that should be handled as such.

"This idea that Miguna’s ID is fake, is nauseating and painful. You do not lose your nationality of birth. These people are not reading the Constitution," he said.

He added that if Miguna was not in possession of his passport he was within the law to use his ID to enter the country.

Mutunga added that the Judiciary should be more firm when Government officials disobey court orders stating that judges should even direct their arrest if push comes to shove.

He said this referring to when Interior and Coordination Cabinet Secretary Fred Matiang’i, Inspector General Joseph Boinnet and Immigration PS Gordon Kihalangwa were convicted by High court Judge George Odunga after they were found guilty of contempt of court.

"A disobeyed court order is a subversion of the Constitution and the rule of law and the Judiciary cannot give the impression that it is impotent to enforce its orders and they have to go all the way and lock up fellows.

"Matiangi'i is a face from the past and when I look at him I wonder ‘who advises this guy?’" Mutunga posed.

The former CJ maintained that the Miguna deportation was illegal and the court had already ruled against it.

"If you talk to people who went through these problems in the 70s and 80s. They must be traumatized because we thought that was the past," he asserted.

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