Miguna Miguna whereabouts remains unknown

Ruaraka MP Tom Kajwang and Siaya senator James Orengo stand with opposition leader Raila Odinga of the National Super Alliance as he takes a symbolic presidential oath of office at Uhuru Park in Nairobi, January 30, 2018

The whereabouts of NASA 'General' Miguna Miguna remained unknown on Friday evening after he was dramatically arrested in the morning in the state crackdown on participants in the Tuesday's swearing-in of Raila Odinga as the People's President.

His arrest coincided with carbon-copy statements from the African Union, European Union and USA on Friday, cautioning the government against breaching the law when dealing with the Opposition.

They also criticised Raila's oathing and called for respect for the Constitution and the rule of law.

State Department spokesperson Heather Nauert said, "Any arrests and prosecutions must be made in full accordance with the rule of law and demonstrate transparent due process."

Some sources within government speaking confidentially said the arrest and prosecution of Opposition MPs will "possibly culminate in the arrest of Raila".

The sources say the targets include senior counsel and Siaya Senator James Orengo, NASA CEO Norman Magaya, Mombasa Governor Hassan Joho and businessman Jimi Wanjigi.

While Orengo was unreachable, Wanjigi said he had not been contacted by police.

"My conscience is clear and I am very comfortable," he said.

Magaya too said he was not aware of any plan to arrest him despite widespread speculation about the next target.

"I am not aware of any impending arrest," he told the Star.

Joho, whose police guard was withdrawn alongside those of other NASA leaders, said he will not complain about the government crackdown.

"I will not calla press conference to complain about these issues," he said. 

"We all know that life is God-given, wealth is God-given and leadership is also God-given. No one can take these from you," the ODM deputy party leader said.

Joho said he will not be deterred from criticising the national government.

On Friday morning, police broke into the Runda house of the self-proclaimed National Resistance Movement 'General' and arrested him over his role in Tuesday’s oathing.

The arrest prompted protests in parts of Nairobi, including Kibera. Hours after his dramatic arrest, the High Court ordered his release on a cash bail of Sh50,000 after his lawyers filed an urgent application to compel police to produce him.

 Justice James Wakiaga ruled that although the case was urgent, it was not possible for the court to order him to be produced by the end of the day. Instead Miguna was ordered to appear in court personally on Monday, if by then he will not have been charged.

“There is no possibility of him being brought to court today, but considering the circumstances that he is said to have been arrested, I am satisfied a case has been made,” the judge ruled.

 His lawyers, John Khaminwa, Peter Kaluma and Michael Osundwa, were authorised to serve Police IG Joseph Boinett with the order for his immediate release on Friday. By evening, they traced him to Githunguri police station but a scene ensued when locals who learnt he was held there tried to block him from leaving.

 The lawyers argued the police were abusing their powers of arrest to harass, intimidate and oppress NASA leaders.

The State had warned against the oath and vowed to charge anyone involved with high treason, an offence punishable by death.

A day after the proscribed oath, Interior CS Fred Matiang'i announced the state was investigating and will deal with those "involved and the conspirators" in accordance with the law.

He said investigations would extend to individuals and television stations suspected of collusion in a "well-choreographed attempt to subvert or overthrow the legally constituted government of Kenya".

That followed Matiang'i's gazettement of the National Resistance Movement as a criminal organisation under the Section 22 of the Prevention of Organised Crimes Act.

Yesterday, Raila's communications aide Salim Lone said Matiang’i’s claim that “a massacre of catastrophic proportions was going to take place” was meant to prepare Kenyans for more arrests and turbulence.

Movie

At Miguna’s house in Meadows, Runda estate, police in two vehicles kicked and forced their way in, ransacking and overturning furniture movie-style.

After almost an hour, the outspoken ‘general’ was whisked away  to an unknown destination.

Miguna had on Thursday dared Matiang'i to arrest him for administering the oath to Raila, saying NRM would defeat the state.

“If you are looking for me, I’m ready and I’ve been ready since I was a teenager,” he said. “We fought retired President Daniel Moi and defeated him. You [Matiang’i] are nothing," he said at a press conference at Okoa Kenya offices in Lavington, Nairobi. 

He added that there is nothing unlawful he had done since he is a qualified commissioner of oaths. Miguna witnessed the oath that Raila swore.

The self-styled general was alone when police came calling. His personal assistant and househelp reported to work in the morning but were denied entry by armed police s who had taken over the compound.

“Nobody will be allowed inside the compound until he (Miguna) is back. Go to County commander for further briefs,” Gigiri OCPD Vitalis Otieno told Miguna’s lawyer Willis Ochieng’.

Police left a trail of destruction with broken shutters, overturned furniture and papers strewn all over.

His arrest followed that of Ruaraka legislator TJ Kajwang' on Wednesday evening in what looked liked a systematic crackdown on NASA's luminaries over the Uhuru Park ceremony.

The second-term MP who was accused "jointly with others of being present and consenting to administer an oath to Raila".

His presence amounted to binding the NASA leader to commit a capital offence of treason.

He also faced a second count of taking part in an unlawful assembly, and organising a public meeting in the park without notifying the Nairobi Central police station boss.

He was released on sh 50,000 cash bail on Wednesday.

Apart from the state arresting the opposition leaders,it has also been withdrawing their bodyguards and guns assigned to them.

Already the Firearms Licensing Board has revoked the gun licences of Kalonzo Musyoka, Musalia Mudavadi and Dagoretti North MP Simba Arati. The latter obtained a court order to restore his firearm.

The board had asked them  to surrender their pistols and shotguns by close of business Thursday.

ODM chairman and Suba South MP John Mbadi urged the state to act within the law.

"One of them told me they are also coming for me. We are waiting. I have heard they are saying what we did on Tuesday is like a joke and a movie. If at all it was, why are they panicking? I am very happy when I see them reacting like this because then I know we are achieving our goal," he said.

Mbadi said, "I don't think we are worried. I am just concerned how they go about their business. There is nothing wrong if you are arrested in a procedural manner and charged."

Kibwezi MP Jessica Mbalu (Wiper) said the arrests were wrong "because everybody should be accommodated".

"A politician is a representative of the people and Kenya is made up of people with divergent views. The government should stop going for small fish. We need to look for long-term solutions to problems facing the country," she said.

"These arrests are causing unnecessary tension. How long are we going to to see this?

Any leadership should be ready to accept divergent views," she said.

Wiper Organising Secretary Robert Mbui (Kathiani) said the government was scaring others but their main target is Raila. "This is a joke and I don't think they are achieving anything much from cracking down on NASA," he said.

"People are going to get more and more aggressive every day. When our security is taken away, our people will start to protect us and this may lead to militias. This crackdown is unifying us and the cracks that were in NASA are going to be sealed," he said.