By Miguna Miguna
On March 11, 2019, I formally requested the Kenya National Commission for Human Rights and Law Society of Kenya to enforce Justice Chacha Mwita’s ORDER for the return of my valid Kenyan passport to enable me travel to and enter Kenya unconditionally this month.
However, because the State has once more defied a valid court Order and refused to return my valid Kenyan passport it illegally seized on February 6, 2018, or to issue me with a new Kenyan passport, as the High Court of Kenya has ordered multiple times, I have had to reluctantly postpone my flight to Nairobi this April.
Both the KNCHR and LSK have also not responded to my request. They have refused to fulfil their obligations to me as a Kenyan whose human rights have been violated by the State and member of the LSK, respectively.
To those who have suggested that I should “sneak” into Kenya or travel to Kenya “incognito,” let me respond briefly.
1) I was in my house in Kenya when heavily-armed agents of the State abducted, detained, tortured, sedated and publicly removed me from Kenya in the most brutal and unlawful manner in February and March 2018.
This happened in flagrant violation of my birth rights, constitutional rights, human rights and in contravention of basic human dignity and due process.
2) After my unlawful detention, my valid Kenyan passport was unlawfully seized and destroyed by agents of the State.
3) Despite numerous court orders that directed the State to release me and not to remove me from Kenya, the state marshalled hundreds of heavily armed police to forcefully remove me from Kenya on February 6, 2018 and on March 28, 2018 they stopped me from re-entering my country of birth and citizenship.
4) My return to Kenya must be in exercise of my rights and fundamental freedoms. I must return to Kenya in DIGNITY and publicly like everyone else.
5) “Sneaking” into my country of birth would play into the hands of the despotic State and subvert my constitutional rights and fundamental freedoms.
6) A Kenyan citizen has a right to live in Kenya, travel within Kenya, depart from and return to Kenya any time he or she likes without any restrictions or conditions. My return, therefore, should not be different.
7) An attempt to sneak into Kenya through Tanzania, Uganda, South Sudan or Somalia will play into the hands of those who have disobeyed multiple court orders and violated my rights.
President John Pombe Magufuli of Tanzania is in Raila Odinga’s pockets and will do Raila’s bidding including arresting, torturing and even killing me if I were to try to enter Kenya through Tanzania.
Uganda’s despot, Yoweri Museveni, is in Uhuru Kenyatta’s pockets. The same applies top Salvar Kiir of South Sudan.
I cannot swim through the Indian Ocean or cross through Somalia. If I tried to do that, the Nairobi cabals will either stage my arrest, torture and/or assassination to be in reaction to a fake “terrorist invasion.” I would have played into their hands.
In other words, there is no way I or anyone else can travel “incognito” through a neighbouring country into Kenya. In fact, doing so would play into Uhuru Kenyatta’s hands.
8) That would be a tragic set up. I would be facilitating my own “capture and humiliating torture.” Koigi Wamwere believed that he could “sneak” through the Ugandan border more than 15 years ago but ended up abducted by Ugandan security forces, handed over to their Kenyan counterparts and was taken straight to detention without trial.
In my case, I would end up handing myself over to a trap, be abducted and killed then either being buried in an unmarked grave, or thrown into Lake Victoria.
The criminals holding illegitimate office may also present a badly mutiliated body at a press conference with propaganda claims that I was “killed during a shootout between terrorists and the Kenyan security forces.”
9) A person who has won more than 15 court battles against an illegitimate government should not do anything out of desperation that dilutes or vitiates his victories.
Consequently, an attempt to “sneak” into Kenya “incognito” would invalidate my legal victories and discredit our political struggle.
I would be enabling the Nairobi regime to start a propaganda war against me as a person who “entered Kenya illegally.” Why would I do that?
10) Once I enter Kenya “incognito” there is not much I will be able to do in Kenya except hide, yet there is no way I can hide in Kenya. To begin with, I’m not a coward.
Secondly, an innocent man should never hide from an illegitimate government.
Third, hiding would be counter-productive since I won’t be able to work, live freely and participate in politics and socio-economic activities like everyone else.
11) If I try to sneak into Kenya, the state may decide to abduct, detain and torture me immediately they learn of my presence.
How will I win a subsequent charge of “illegal entry” in the same courts that have courageously applied and protected the constitution?
How will the same courts that have rendered judgement in my favour to date react?
Won’t the same courts that had granted my favourable orders consider my action so reckless that they would no longer stand by my side and on the side of the Constitution?
12) The State wants me to do exactly that: make a mistake. I won’t do that.
13) I have a right to my thoughts, conscience, opinions, mobility, association and to leave and enter Kenya UNCONDITIONALLY with DIGNITY like everyone else.
14) The repeated reference to my Canadian passport is a distraction. I never chose to use the Canadian passport. I applied for it because the Kenyan State revoked my valid Kenyan passport in 1987 and refused to issue me with another one until 2009.
I had a valid Kenyan passport on February 2, 2018 when Uhuru Kenyatta’s goons used explosives to enter my house in Nairobi. A Kenyan citizen must enter Kenya unconditionally using a Kenyan passport.
15) There is no constitutional provision, law or so-called “international travel protocol” that requires a Kenyan citizen to enter Kenya as a foreigner using another country’s passport. The only travel document a Kenyan citizen is required to produces at a port of entry is proof of his or her citizenship. This may be done via a valid passport or any other regularly issued identity card. The only passport I must use when entering Kenya is my valid Kenyan passport.
16) The Honourable Justice Mwita’s Judgment of December 14, 2018 has not been stayed or overturned by the Court of Appeal. A mere filing of an appeal does not vacate a valid judgment that restores rights and fundamental freedoms.
17) I intend to enter Kenya UNCONDITIONALLY as a Kenyan. It is my right. I will not negotiate over my rights and fundamental freedoms. I would rather die fighting for my birth rights, constitutional rights, human rights and dignity rather than be caught trying to sneak into Kenya like a criminal.
I have thought about these issues very carefully. Make no mistake about it: I will return to Kenya via the JKIA like everyone does. It is just a matter of time.
18) As the gallant Sudanese, Algerians and Malians are showing the world, no brutal tyrant lasts forever. A united, patriotic and courageous people will never be defeated by despots.
19) I will keep members of our movement, specifically and Kenyans, in general, with any developments, or scheduled travel arrangements.
Those shouting at me about applying for a new Kenyan passport must be told, firmly, that the passport the State unlawfully seized and confiscated from me on February 6, 2018 had not expired. Those who took it unlawfully have been Ordered by the High Court to simply return it. In the alternative, they have also been ordered to issue me with a new passport without any need for me to apply.
The High Court has held more than three separate times that I have never lost or renounced my Kenyan citizenship and as such I am not required to reapply for it.
Finally, with respect to both citizenship and passport, I cannot apply for something I already have. To yell that I should apply for either is to perpetuate impunity.
I remain focused, disciplined and fearless. The struggle will continue.