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NRM general and firebrand lawyer Miguna Miguna FILE PHOTO///COURTESY
A CASE OF HISTORICAL STRUGGLE FOR RESPECT OF THE RULE OF LAW-The struggle we must all support.
I will begin this article by the provisions of the law so we move on with uniformity as we avoid rumours.
What the law is saying on his rights,
(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms.
(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, CONSCIENCE, belief, culture, dress, language or birth.
(6)Every person has the right to freedom and security of the person, which includes the right not to be–
(a) deprived of freedom arbitrarily or without just cause;
(b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58;
(c) subjected to any form of violence from either public or private sources;
(d) subjected to torture in any manner, whether physical or psychological;
(e) subjected to corporal punishment; or
(f) treated or punished in a cruel, inhuman or degrading manner.
What the law is saying on his citizenship,
According to the new constitution, anyone holding citizenship of another country is automatically recognized as a citizen of Kenya by birth, so long as they are able to prove that one or both of their parents is/was a Kenyan citizen at the time of their birth (e.g. by presenting the parent’s/parents’ national ID card(s) or passport(s) ).
What the law is saying about the limitations of his rights,
(3) The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied.
Now, we will start the discourse off with the last part-the limitations of his rights as the rest are purely self explanatory.
The government of Kenya through state actors, had a responsibility as required by the LAW, to prove to the COURTS (in the case of MM) that there were enough evidence to show that his rights had to be limited for whatever reasons. Miguna sued the government, and the COURTS pronounced itself through numerous court orders demanding that he be protected by the LAW. And that the government acted agaisnt the law in his case. The rogue government FAILED to obey even a single order.
Individuals anchoring their non-skilled and ill-informed analyses on his case are majorly basing their arguments on his abrasivenes-s-that he abuses people around. Unfortunately this is not the question we’re seeking to answer here. Anyone abused or wrongfully accused has the COURTS for the same arbitration. They can sue Miguna Miguna and demand for compensation if they win the lawsuit thereof.
The question here is whether the government is acting within the LAW on Miguna’s case or not. And the answers is as obvious as the rogueness of this government.
I was personally present in all the NASA demonstrations after the 2017 elections. I saw what happens when the government violates rights of its citizens like there’s no LAW.
Two cases to talk about,
In the second last demonstration around town, we were almost killed. I, also saw, how the government (state actors) almost maimed/killed Hon. Glady Wanga and Hon. Janet Ongera through ruthless attacks up until her gate in Kileleleshwa. We were behind them witnessing the attacks as we tried to help in whatever way we could. Around State House road from Serena, his brother fell from the car, and had Jesse Ogolla not been careful, we would have crushed him on the spot. We thank God!
Two, as Rt. Hon. Raila Amollo Odinga was jetting back from USA, I was equally there. I shared a car with Raila Junior. Our car was the 5th car from Raila’s car. I witnessed and saw the attacks meted on Kenyan citizens including Rt. Hon. Raila. Too sad to talk about!
Having gone through all that, and all others-read or attended-you wouldn’t wish to see state actors violating the rights of any individual, your friend or foe.
We should be for justice no matter who it is for or against. The law has to be defended as it protect us.
Miguna Miguna struggles are not about him or his character. Miguna lives in RUNDA, drives TOYOTA TX, TOYOTA V8, MERCEDES BENZ. He has a home in TORONTO, CANADA and a successful LAW FIRM that can feed him as well as his great great grand CHILDREN. He has money to move around countries most of us only see/read in books. Miguna is fairly richer than most of our MPs.
His coming is not about revolution coming to Kenya. In fact, Miguna has NO PROBLEM that requires revolution but MILLIONS of KENYANS DOES.
It is the ordinary Kenyans who need the revolution (one of the options) if they want anything to get better for them. But they can choose to also rubbish everything and everyone if they are comfortable with the tyrannical regime and the status quo. It’s up to them/you.
This is what his struggles are about,
His struggles are about protection of the LAW and upholding of the rule of LAW. It’s about defending the Constitution as a Civic Duty. It’s about the power that be respecting COURT pronouncements and COURT orders. It’s about the journey!
The struggle he’s going through is about us more than it’s about him. It’s about that Omollo who can’t afford to feed his kids because of the repressive economy and all the corruption. It’s about that Wanjiku who can’t take/is struggling to take her kid(s) to school because of fees. It’s all about POOR KENYANS more than it’s about him.
You (the broke bloggers and the broke blind followers of Kingpins) might not understand the connection between the struggles and the economy and that’s fine. Your minds are clouded by protection of people/dynasties with no/with only class problems. But one day, I’m sure you will. For now, you can look at the character of an individual more than the character of your despotic government.
I support MIGUNA MIGUNA. We’re together with him in the struggle. Choose your side-it moves no one.
VIVA! VIVA!
Signed
Sir Ken Odongo.
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