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January 18, 2019

Miguna was never in police custody, was not deported - Matiang'i

Lawyer Miguna Miguna at the toilet in the JKIA where he was held since returning to Kenya from Canada on March 26, 2018.
Lawyer Miguna Miguna at the toilet in the JKIA where he was held since returning to Kenya from Canada on March 26, 2018.

Miguna Miguna was not produced in court as he was never in the custody of IG Joseph Boinnet, Interior CS Fred Matiang'i has explained.

The Cabinet Secretary said this when he faced the National Assembly Security committee on Tuesday.

He added the lawyer and self-declared leader of the NRMKe was not deported and that his passport was not confiscated.

"Miguna was not deported. We removed Miguna as an undocumented, unestablished passenger on transit to his last port of call," the CS said.

Matiang'i noted authorities did not act in contempt of court regarding Miguna's release and production, as the orders were not served.

Read: Matiang'i escalates war with Judiciary, says Miguna orders not served

He further said the government did not confiscate his passport as he did not produce it when he landed at the JKIA on March 26. He said Miguna is on record as saying that he had his Canadian travel document.

“Everyone has their passport stamped. Even the President (Uhuru Kenyatta) had his passport stamped when he came back to the country from Mozambique yesterday. Even (US President Barack) Obama has his passport stamped so why cause drama?” Matiang'i posed.

The CS went on to note that the lawyer produced his national ID card and claimed it was what he used to travel to Kenya. This was false, he said, adding Miguna was not returning from an East Africa country.

“The only time anyone can use a national ID is when travelling from an EA country, but he was not.”

Matiang'i further defended the government saying an earlier order by Justice Luka Kimaru - for the government to facilitate Miguna's re-entry - was obeyed.

But he said Miguna "adamantly refused" to fill documents as required by law despite pleas by immigration officials.

Miguna has admitted having received the papers and refused to sign them.

He also said he refused to give his Canadian passport, which he used when he was kicked out of Dubai on Monday, to the Kenyan authorities at the JKIA.

Read: Why I refused to hand over my Canadian passport - Miguna

Matiang’i dismissed claims that the self-styled NRMKe General was drugged before being put on an Emirates plane to Dubai on March 27.

“I don’t know and I am not aware that Miguna was drugged so I won’t respond to that question. As the Minister in charge of security, I was not aware. I don’t know ... unless there is scientific evidence to that effect."

Matiang'i asked the Law Society of Kenya to crap the whip on lawyers who lied under oath that the government confiscated Miguna's Canadian passport.

“We did not confiscate the passport…he is now bragging in Canada that he had the passport," he said.

He went on: “We are under review now for direct licence to the US. Ethiopia has already gotten its third licence. There are issues we need to address as a country. We cannot be romantic about it."

"We are not in this job to be popular, we are here to do the right thing."

Related: [Statement] How 'thugs' drugged and deported me to Dubai - Miguna


Matiang'i said it was wrong for the media to be allowed to film sections of the JKIA which are considered to be out of bounds for security reasons.

He said the government is being strict with the issuance of passports because Kenyan passports have previously been used by foreigners abroad to commit crimes.

“It is not right that when we are doing the right thing, we are called lords of impunity,” Matiang’i said.

He accused "a clique of judicial officers" of misusing the courts by issuing orders to stall the government's operations.

Explaining that court orders they receive are many, the Minister said some individuals have taken advantage of the system and obtain anticipatory orders as they prepare to commit crimes.

“Those anticipatory orders are being given by a certain clique of judges who collude with some activists and lawyers. You can actually sell poison in this country because all you need is to do is get a court order.”

Matiang'i condemned justice George Odunga for saying that had they showed up in court, he would have issued a sentence without listening to them.

Last Thursday, Odunga fined Matiang'i, Kihalangwa and Boinnet Sh200,000 each for dishonouring a court order to show up in court. 

Read: Justice Odunga fines Matiang'i, Boinnet Sh200,000 for contempt of court


Immigration Principal Secretary Gordon Kihalangwa said that contrary to what is in the public domain, Miguna was never held incommunicado in a toilet.

“Miguna was in a self-contained room complete with a bed. The only part they thought was sensitive to show was the toilet,” Kihalangwa said.

He noted anybody travelling into the country must follow all the rules of checking in for security reasons so the lawyer was no exception.

The PS said Miguna was never deported but was removed from the country as an undocumented person.

Kihalangwa said the department acted in the interest of Kenya’s security and reputation internationally.

“We didn’t want the world to know that someone can drop from somewhere in the air and land in Kenya just like that. It makes Kenya look so insecure that anybody can come in and stay,” he said.

This was the first time that Matiang'i, Kihalangwa and IG Joseph Boinnet responded to questions surrounding Miguna's second deportation.

The National Resistance Movement General was first deported on February 6 after helping Nasa principal and Opposition leader Raila Odinga swear himself in as the People's President.

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