Self-proclaimed National Resistant Movement general Miguna Miguna has been charged at a Kajiado court but refused to take a plea.
This was revealed by the assistant DPP Nicholas Mutuku in the High Court in Nairobi on Tuesday days after Miguna was arrested and held in secret.
Police charge sheet stated that the lawyer was liable for being present and consenting to NASA leader Raila Odinga's oath.
"...charged with administration
binding Raila Odinga to commit a capital offence
namely treason
contrary to Section 59 of the Penal Code," the charge sheet read.
He was also charged with being part of an assembly and also as being a professed member of a proscribed group - NRM.
Miguna did not take a plea to the charges and demanded that he be released so that he can see his family in Nairobi.
"I cannot take any plea because the state has denied me access to my family. For five days, I have been locked up unlawfully," he said.
Miguna had been mysteriously missing after police failed to produce him in court on Tuesday.
Judge Luka Kimaru issued orders requiring the lawyer to be personally produced in court by IG Joseph Boinnet and DCI boss George Kinoti.
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Miguna had been released on a Sh50,000 bond on February 2 but was detained at an undisclosed location.
When Raila was sworn in, Miguna signed and stamped the purported
oath document as a witness and commissioner of oaths.
He is among three people, including two MPs, arrested in a crackdown against those who participated in the January 30 ceremony.
Last Friday, High court judge Chacha Mwita issued orders to the IG to release him so he could appear in court on Monday morning.
The police ignored the order in a-hide and-seek with the lawyers, amidst reports Miguna had suffered asthma while in police custody over the weekend.
Judge Luka Kimaru also issued orders requiring IG Joseph Boinnet and DCI boss George Kinoti to produce the accused in person.
DPP assistant Nicholas Mutuku told a court in Milimani that Miguna is alive and has been charged before Kajiado law court this morning.
However, NASA lawyers refuted the claim questioning the charge sheet since it was signed by the police and not DPP as required.
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