The High Court has ordered the release of feisty lawyer and Nasa operative Miguna Miguna following his arrest Friday morning.
His lawyers, John Khaminwa, Nelson Havi, Peter Kaluma and Edwin Osundwa, filed a suit seeking Mr Miguna’s release from police custody.
Justice James Wakiaga ordered that Mr Miguna be released on a Sh50,000 cash bail and that he presents himself in court on Monday.
Although Mr Miguna had sued the Director of Public Prosecution, the Directorate of Criminal Investigations and the Inspector General of police, the judge pointed out that the order be personally served to the IG so to ensure they are effected.
“Should the DPP, DCI and IG intend to charge him with any known offence then the same is to appear before court as soon as required before making an appearance before me,” said Justice Wakiaga.
The judge added: “this order be served upon the IG personally to effect the same on any of the officers who are holding him.”
Police bombed his Runda residence at the time of his arrest and subjected the occupants to torture and physical abuse, Mr Miguna said.
His property was also destroyed, he said.
The court was told that the police intend to have him detained throughout the weekend and then have him charged next week in a remote court.
Court also heard that his arrest was because of his role and participation in the Tuesday’s ‘oath’ ceremony of National Super Alliance leader Raila Odinga.
“It is therefore evident that the paramount intention of the DPP, DCI and IG is not to vindicate or uphold the law but is to unlawfully administer extrajudicial justice against him,” his lawyers said.
Ruaraka MP Tom Kajwang’ was also arrested on Wednesday in connection with the ‘oath’ event.
He spent a night in police custody and was released on Sh50, 000 bond.