Blame game rocks top police circles over Miguna’s deportation

The immigration department, the National Police Service and the Directorate of Criminal Investigations (DCI) have all denied having a hand in the banishment of vocal opposition politician Miguna Miguna.

In their affidavits at the Milimani Law Courts (criminal division) on Friday February 9, DCI boss George Kinoti and Inspector General of Police (IG) Joseph Boinnet said neither of them acted in contempt of court for failing to produce Mr Miguna in court on Thursday February 8, as had been ordered by High Court judge Luka Kimaru.

This comes after Judge Kimaru on Wednesday February 7, directed the two police bosses alongside immigration department boss Gordon Kihalangwa, to swear affidavits explaining why action should not be taken against them for contempt of court following Miguna’s deportation.

The judge’s orders came after State Counsel Duncan Ondimu, presented documents in court acknowledging that Miguna, a self-proclaimed General of the National Resistance Movement (NRM), had indeed been deported following orders by Interior Cabinet Secretary Fred Matiang’i.

In their affidavits, Boinnet and Kinoti indicate that they were prepared to produce Miguna in court but before they could do so, the immigration department took over Miguna’s handling on Tuesday evening and deported him.

The Director of Immigration Gordon Kihalangwa, has however distanced himself from blame, saying the courts had not warned the immigration department against Miguna’s ejection and therefore, there was no way the immigration unit acted in contempt of court.

Kihalangwa said that he only followed orders issued by the Interior CS that recommended Miguna’s expulsion after “investigations” showed that the ex-Nairobi gubernatorial candidate was a Canadian national and not Kenyan.

“Investigations by the (Immigration) department revealed that the applicant herein (Mr Miguna) is a Canadian citizen holder of Canadian passport number HP679627 and has at all time traveled in and out of the country using several Canadian passports MJ393885 and WK944502, and that his activities in the country were detrimental to national interest,” read Kihalangwa’s affidavit in part.

“The Cabinet Secretary in charge of Immigration matters on the 6th day of February, 2018 issued a declaration under section 33(1) and 43 of the Kenya Citizenship and Immigration Act, 2011,and (based on his orders), I instructed my officers on the 6th day of February, 2018 to ensure that the orders be effected,” added Kihalangwa.

The Immigration boss said the department’s actions were conducted according to the Constitution.

Kihalangwa was expected to appear in court last Thursday to explain why he took custody of Mr Miguna when the politician was in the hands of the court.

In his affidavit, Kihalangwa however submitted that he was unaware of any court orders that were issued to the other police bosses, which would have directly – or indirectly – persuaded the immigration unit’s decision.

The three police bosses had also been directed to appear in court personally during the hearing of a case in which ten lawyers wanted the police to present Miguna in court or release him. Mr Kinoti and Mr Boinnet did not appear in court.

State counsel Duncan Ondimu said Kinoti could not appear in court as he was “handling sensitive security matters”, but had sent a representative.

However, Prosecution said that Saidi Kiprotich, head of the Flying Squad police unit who was scheduled to represent his boss, did not respond to WhatsApp messages he sent, informing him of the said orders.

He further explained that it was then, that the Immigration Department took custody of Miguna as a prohibited immigrant.

The State counsel added that Miguna had left the country using a Canadian passport, even though he was “still under investigation” by the Immigration Department adding that DCI boss Kinoti should not be cited for contempt as Miguna was not in their custody.

Miguna was deported from Kenya via an Amsterdam-bound KLM flight, which left the Jomo Kenyatta International Airport (JKIA) at 11:59pm on Tuesday, February 6.

Under Article 17 of the Kenyan Constitution, a person born in Kenya can only have their citizenship revoked if it was acquired by fraud, if they or their parents were already a citizen of another country, or if the person was older than eight when they were found in Kenya.

The Kenyan government issued a statement saying that under the pre-2010 Constitution, Kenyans couldn’t hold dual-citizenship meaning that Miguna’s acquisition of a Canadian passport in 1988 cost him his Kenyan nationality.

Although Miguna successfully applied for a Kenyan passport in 2009, the government says this application was invalid since he did not declare his Canadian citizenship.

The government added that Miguna never applied for Kenyan nationality once the Constitution changed in 2010 to permit dual citizenship.

Miguna Miguna has since vowed to initiate a legal process to “nullify” his deportation to Canada from Kenya.

Miguna, who spoke to BBC radio and TV presenter James Coomarasamy at Amsterdam en-route to Canada on Wednesday, blamed his deportation on Interior CS Matiang’i.

“I am going to fight this legally and constitutionally. I have instructed my lawyers to initiate applications and proceedings to invalidate and nullify what Matiang’i purported in terms of deportation to reinstate my passport which they took illegally and return to Kenya,” he said.

In his Wednesday statement, Miguna said: “I have instructed my battery of competent advocates to ensure that the ongoing rogue purveyors of impunity are brought to book.”

(Additional reporting by Brian Okoth).