Return Miguna immediately, unconditionally to Kenya

Miguna Miguna at the Milimani law courts.Photo

Impunity is fast taking root as Kenya rapidly slips to the dogs and the economy continues to suffer. Most international investors are in a wait-and-see mode, as ordinary Kenyans and unemployed youth reel under the weight of high inequality and spiralling cost of living. This, as the political elite on both sides of the divide continue to grandstand, oblivious of the people’s suffering.

The Kenya Diaspora Alliance, a member of the National Conversation Multi-sectoral Forum, Tushauriane WaKenya, calls for accelerated and deepened engagement, and hastened hosting of ‘The Kenya We Want III’ National Convention, before mid- year. In the meantime, we call for utmost restraint by all key stakeholders, especially the leaders of Jubilee and NASA, and their supporters.

The President and the Deputy President swore to defend and uphold the Constitution. The government therefore must be the first to observe and respect the Constitution and its sanctity. We condemn in the strongest terms the continued shutdown of some TV stations, and outright disobeying of legitimate court orders.

While condemning in equal measure the extrajudicial oathing by the Opposition, two wrongs cannot make a right. As a dual citizen, Miguna Miguna is a member of the Diaspora community. Even as we expect him to abide by the laws of Kenya, we also expect his rights to be fully respected.

As someone who alongside Hon Mohamed Shidiye moved the first-ever motion in Parliament in 2001 calling for dual citizenship, and having canvassed for the same up to Appeal Court level for dual-citizens’ rights to run for office, I am deeply appalled by the rushed deportation of Miguna. Article 16 guarantees dual citizenship rights. Whereas Sub-Article 78(1) bars a dual citizen from holding public office, we are also alive to the Appeal Court ruling in Bishop Donald Mwawasi vs the Attorney General No 280 of 2013 granting dual citizens the right to run for office, rescinding the other citizenship only upon election or appointment, as per Sub-Article 31(2) of the Leadership & Integrity Act.

The State has therefore erred in summary deportation of Miguna Miguna, without first demonstrating that he had already renounced his Kenyan nationality as claimed by some. Even in that case, due process through the courts would have been necessary before deportation. In the absence of such, we call for his immediate unconditional return to Kenya as a bona fide citizen.

The writer is Global Chairman, KDA