Miguna now risks 3 years in Kenyan jail after he did this
Reports emerged on Monday that Miguna was being sought by UAE police investigators.
Details have emerged that both the United Arabs Emirates and the Kenyan Authorities have taken a keen interest in establishing how the lawyer got the Canadian passport that enabled him to travel from Dubai to Toronto, yet the document had been reported in court last week to have been lost.
Anthony Miki, a city based lawyer told Pulselive.co.ke via phone that while Miguna’s lawyer (Nelson Havi) has been accused of lying to the court in the affidavits, the law firm which Mr Miguna allegedly contacted over this case, is “not supposed to bear perjury charges.”
“The law firm only uses the information which the client provides. If indeed his client (Miguna) didn’t have the Canadian passport at the time, then how do we blame the law firm or even the lawyer of having committed perjury?” the lawyer posed via phone.
He added: “But again if his client would be found guilty of the offense under article 108 of the Penal Code, that is mis-demeanor, which attracts either a fine or at least zero to three years in jail term sentence.”
Kenyan authorities on Monday evening gave details of a plan to establish how the deported lawyer “got back his Canadian passport”, after he swore that the State had impounded it at the Jomo Kenyatta International Airport prior to his second deportation.
“We are trying to establish how he got the passport for onward travel since it is on record even in court that it was lost,” Interior ministry spokesman Mwenda Njoka said on Monday.
Cheated in court papers
An affidavit sworn by lawyer Nelson Havi after Dr Miguna’s failed re-deportation last week said Mr Miguna did not have the passport. Miguna equally yelled at the pilot in the botched deportation last week that he didn’t have the passport, nor the luggage.
“The respondents (government) have unlawfully seized the petitioner (Mr Miguna’s) Canadian passport in a clear attempt to have him declared stateless and continue to violate his fundamental rights,” Mr Havi said in an affidavit dated March 27 in a case that sought Dr Miguna’s release from detention at the Jomo Kenyatta International Airport (JKIA).
On Monday, lawyer Cliff Ombeta, who also represented Dr Miguna, insisted that the legal team’s position was that the passport had been snatched from Dr Miguna at JKIA.
“He does not have the passport. When he was being forced to the plane on Monday night, it was missing,” Mr Ombeta said, adding, “This thing that the lawyers had the document and that I sneaked it to him in Dubai, is just not true.”
Miguna on Monday, however, termed as “not important” how he got to Toronto, when reports emerged that he had presented his Canadian passport at Dubai International Airport before heading to Toronto.
“The compromised media has lost a sense of commonsense and professional ethics. This is not a case of which travel documents I have used to seek emergency and specialized medical attention.
The Jubilee regime has illegally destroyed my Kenyan passport and has refused to issue me with a valid Kenyan passport as has been ordered by the High Court more than 10 separate times.
I refused to hand over my Canadian passport to the tyrants in Kenya because I arrived in Kenya on March 26th as a Kenyan born citizen.” Miguna said in a statement on his social media channels.
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