PRODUCE MIGUNA MIGUNA IN COURT ON THURSDAY
Nairobi, Wednesday 4 April 2018
By Njonjo Mue
I do not speak for or represent Dr. Miguna Miguna. He has a number of lawyers to argue his case in court and he speaks eloquently for himself.
But I am a Kenyan citizen who strongly believes that our Constitution must be respected by all people, the high and mighty as well as the poor and lowly.
When government officials arrogate themselves the powers to interpret the law in their offices and determine which laws to obey and which ones not to obey, which court orders to honour and which ones to ignore, we enter a slippery slope at the end of which is anarchy and the rule of of the jungle where survival will only be for the fittest. This cannot be allowed to happen.
I have called on the government to produce Dr. Miguna in a Kenyan court of competent jurisdiction by 12.00 noon tomorrow, so that the process that was interrupted on 2nd February when the government elected to unlawfully remove him from the territory of Kenya can continue. However, it does not appear that I will have any success.
But I will keep hope alive until the appointed time. I will arrive in front of the Supreme Court Building in Nairobi at 11.50 a.m. on Thursday, 5 April 2018, to await the production of Dr Miguna.
In the event that at 12.00 noon Dr. Miguna will not have been produced in a court of competent jurisdiction as required, I shall surrender my Kenyan Passport to the Director of Immigration as explained in the letter below which I plan to hand over to the Director shortly after the expiry of the deadline.
P.O. Box 74600 – 00200
5 April 2018
The Director of Immigration
Directorate of Immigration and Registration of Persons
Nyayo House, 20th Floor,
Kenyatta Avenue / Uhuru Highway
P.O. Box 30191 – 00100
RE: SURRENDER OF PASSPORT NUMBER C029226
I am a Kenyan citizen and holder of the above ordinary passport Number C029226 issued in Nairobi on 5 May 2014 and due to expire on 3 May 2024.
On 6 February 2018, a citizen of Kenya by birth was forcefully and unlawfully removed from the territory of Kenya by yourself and / or officers acting with your authority in defiance of a court order.
This followed the violent destruction of his house, his abduction, incommunicado detention, torture and brutalisation from February 2nd, 2018.
On 28 March 2018, the same citizen of Kenyan by birth, was again forcefully and unlawfully removed from the territory of Kenya, to which he had returned, in defiance of another court order that said: “It is hereby directed that the Petitioner is not under any circumstances to be removed from the jurisdiction of this court.”
The Executive Branch of our Government has decided that it will both interpret and apply the law for us against the express provisions of our Constitution. And because the Executive also controls our security agencies and exercises a monopoly of violence, We the People and our courts are powerless to compel the Executive to obey the law and the Constitution as interpreted by the Judiciary.
In light of that powerlessness, a citizen of Kenya by birth is unable to use his Kenyan passport to enter his country of birth. This is wrong. It must be made right. The only person authorised to make it right under our Constitution is yourself.
I trust that you shall do right by your conscience and by our Constitution. But as I wait for this to happen, I am hereby surrendering my Passport to you because of my firm belief that if one citizen of Kenya by birth cannot enter his country of birth as a right, then another citizen of Kenya by birth can exercise one of the few rights that our Executive will allow us to exercise and give up his right to use his passport to leave his country of birth until this wrong is righted.