Miguna’s five days in five cells before deportation

Irene Githinji @gitshee

It was dramatic last 12 hours on Kenyan soil for Joshua Miguna Miguna who was deported to Canada on Tuesday night after five days in police custody following his admission that he conducted the mock oath by Nasa leader Raila Odinga.

Miguna, who had set himself up for arrest and prosecution by publicly admitting to signing the oath paper and inciting Opposition supporters to pull down presidential portraits, was declared a non-Kenyan after the State found out he renounced his Kenyan citizenship after taking on Canadian one.

He had been the subject of day-long court activities on Tuesday when he appeared in a Kajiado court while he was expected before the High Court in Nairobi. In Nairobi, at 9.30am, High Court judge Luka Kimaru ordered the police to bring Miguna before him.

At the same time, in Kajiado, the lawyer-activist was arraigned before Resident Magistrate Edwin Mulochi but declined to take plea. In the meantime, an order for deportation was being processed at the Ministry of Interior to be signed by CS Fred Matiang’i.

The order, drawn under Section 43 of the Kenya Citizenship and Immigration Act 2011, read in part, “I, Fred Matiang’i, in exercise of powers vested in me under section 43 (1) of the Kenya Citizenship and Immigration Act 2011, do hereby declare that: Miguna Miguna, who is not a citizen of Kenya and whose presence in Kenya is contrary to national interest, be removed from Kenya to his country of Origin, Canada.”

As Justice Kimaru issued a second order on Tuesday afternoon that Miguna should not be charged with any criminal offence, the activist was driven in a police car from Kajiado Law Courts to JKIA police station where his documents were being finalised for deportation.

Miguna Miguna’s brother Ondiek Miguna leaves the Milimani Law Courts after yesterday’s hearing of a case in which lawyers Cliff Ombeta, Nelson Havi and John Khaminwa want Miguna produced in court. Photo/CHARLES MATHAI

En route to JKIA, the officers stopped at Isinya police station where he was served a portion of a meal of ugali and nyama choma that the officers also ate separately.

They proceeded to the airport where they arrived at about 5.30pm but, sources said, Miguna apparently had no idea as to where he was destined.

Those who saw the activist at JKIA later said he looked haggard and exhausted and asked for and was given drinking water.

A police source said Miguna was stubborn all through since his arrest on Friday and kept calling officers names. At one time, he demanded to be allowed to make a phone call to his wife, Jane, in Canada, claiming he was scheduled to visit the family that weekend.

He was denied since there were strict instructions that he should not make calls while in custody, added the source.

This narration appeared to be collaborated by Mrs Miguna’s in an interview with Macleans magazine, in which she said he was to visit the family at the weekend. While at JKIA police cells, immigration officers arrived to serve him with the deportation order by Matiang’i.

“When he was handed the signed paper, he read before crumpling it and putting it in his inner jacket pocket. He told the officer, just take me where you want to but I will never cease to be a Kenyan,” said a police source. He still wore the same clothes he had during his arrest on Friday, his trademark Muslim prayer cap, a dark blue suit and white shirt without a tie.

At the airport, he asked to be given slippers, which he was given, saying his legs were swollen. His request that he be allowed to return to his Runda home before he flew out, was declined. Sources said he remained in the cells until close to midnight before he was escorted to board the KLM flight to Amsterdam.

Some shop attendants at the Duty Free section who saw him said he stopped in one where he bought mineral water, chewing gum, toothpaste and brush. “He seemed in a foul mood and exhausted,” he said yesterday. Inside the flight, some passengers took photos of Miguna which they posted on social media.

He was given an isle seat where he sat alone. On arrival at Schipol Airport, Amsterdam, another picture posted by a passenger showed Miguna being escorted by two Interpol officers. And in an eight-minute interview with BBC journalist at the airport, Miguna recounted events when he was in custody.

According to police sources, Miguna was first taken to Kiambu police station then Githunguri, Lari, Inland Container Depot and Kajiado stations in that order and finally to the Airport station. While at Githunguri, he was temporarily taken to Githunguri Law Courts, but no charge was preferred against him.

Asked of the charges preferred against him, Miguna said he was informed that he assisted Raila commit a capital offence, which is treason but then because they had kept him incommunicado and had no access to a lawyer, he did not know what was happening.

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