A city law firm has written to the chairman of Assumption of the Office of President Committee Joseph Kinyua to allow the return of lawyer Miguna Miguna into the country to enable him to attend president-elect William Ruto's swearing-in ceremony next week on Tuesday.
In a letter dated September 7, 2022, the law firm Adrian Kamotho Njenga and Co. Advocates says that their client Miguna has a right to be present at the swearing-in ceremony of Ruto
"Accordingly, our instructions are to seek from you(Joseph Kinyua), which we hereby do, the immediate facilitation of our client’s return to his motherland. As a legitimate citizen and a gallant son of Kenya, our client is entitled to and indeed desires to be present during the swearing-in of the 5th President of the Republic of Kenya slated for September 13, 2022," the letter reads in part.
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According to lawyer Kamotho, the Assumption of the Office of President Committee has an overarching duty and legal obligation to ensure that their client is facilitated to attend Ruto's swearing-in ceremony without fail.
My advocate, Adrian Kamotho Njenga (@adriankamotho1), has today delivered this letter to Joseph Kinyua, the chair of the Assumption of the Office of President Committee and OUTGOING Head of Public Service at @StateHouseKenya. Let's wait and see his response. Viva! pic.twitter.com/XKA3a9lpgH— Dr. Miguna Miguna (@MigunaMiguna) September 7, 2022
The lawyer says that the committee would be acting contrary to the Constitution if it proceeds with its business as usual, without reasonable regard for the plight of Miguna who has suffered tremendous injustice and indescribable psychological torture at the hands of the departing regime.
Kamotho cites section 4 of the Assumption of the Office of President Act, 2012 which provides that in the performance of the functions and exercise of powers under the Constitution and the Act, the Committee shall act in accordance with Article 141 of the Constitution and be guided by the values and principles set out in Article 10 of the Constitution.
The lawyer further wants Kinyua to confirm to him within 24 hours whether all the red alerts and other unlawful restrictions that were ruthlessly imposed on Miguna by the outgoing government have been lifted.
"May you also get back to us with a replacement copy of our client’s(Miguna) passport in lieu of the one that was perforated and defaced by the primitive state officials who indiscriminately violated our client’s rights," Kamotho states.
Miguna was in February 2018 forcefully removed from the country to Canada on allegations he is not a Kenyan citizen.
Following his removal, numerous court orders were issued against officials of the outgoing administration directing them to facilitate the return of Miguna but have been in vain.
In the letter to Kinyua, lawyer Kamotho says that some of the persons against whom the said court orders were issued and failed to comply are discernible members of the Assumption of the Office of President Committee.
High Court ordered government to facilitate Miguna's return
Last year on November 22 the High Court sitting in Nairobi issued an order allowing Miguna to obtain his Emergency Travel document from the Kenya High Commission Ottawa (Canada) or the Kenya High Commission Berlin (Germany) or from wherever he is within 72 hours. The court further ordered Cabinet Secretary, Foreign Affairs to ensure the order is complied with.
Justice Hedwig Ong'undi also directed Air France (and other airlines) to allow Miguna to fly back into Kenya aboard their planes.
"Once Miguna is in possession of the Emergency Travel Document and upon presentation of the same to Air France, the latter should be allowed to board the available flight to Kenya with immediate effect en route to Kenya, "she ordered
"Upon landing in Kenya, the petitioner (Dr. Miguna Miguna) is to be allowed by the immigration officer to use his Kenyan Identity card for purposes of
identification, " the judge directed.
The court further issued an order that Miguna should immediately apply for a Kenyan passport and the same to be issued to him within seven days of such application provided there is compliance with all the requirements.
She also directed the Cabinet Secretary, Interior, and Coordination of National Government to ensure this order is complied with.
