Miguna Miguna remains in cell despite court order

Friday February 02 2018

Miguna Miguna (left) at Githunguri police station on February 2, 2018 after his arrest. He was freed on bond by Justice James Wakiaga. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP


Political activist Miguna Miguna could spend the weekend in a cell after police refused to free him despite a court order that he be released on a Sh50,000 cash bail.

Mr Miguna was arrested early morning at his Runda home and driven to Kiambu before being detained at Githunguri Police Station.

Despite his lawyer Edwin Sifuna presenting a copy of the order and a receipt for payment of the bail, the officers declined to free him, saying they were waiting for orders from above.

READ: Court frees Miguna Miguna on bond

Justice James Wakiaga ordered that Mr Miguna be released on cash bail and that he presents himself in court on Monday.

Through his lawyers John Khaminwa, Nelson Havi, Peter Kaluma and Edwin Osundwa, Mr Miguna had gone to court seeking his release.


According to the lawyers, police used explosives to gain entry into Mr Miguna’s residence, subjected occupants to physical abuse and destroyed property of unknown value.

They added that police intended to hold Mr Miguna throughout the weekend and then have him charged in a far-flung court.

“It is evident that the paramount intention of the DPP, the Directorate of Criminal Investigations and Inspector-General of Police is not to vindicate or uphold the law but to administer extrajudicial justice against him,” the lawyers said in their statement, adding that the activist had reasons to fear for his life.

Mr Sifuna and a number of National Super Alliance supporters traced Mr Miguna to Githunguri hours after his arrest.

Shortly after being take to the police station, locals started streaming in, some out of curiosity while others demanded to be allowed “to teach Miguna a lesson for disrespecting our President”.

At one point, reinforcement was sought from Kiambu town after residents almost overpowered police officers.

During a Thursday press conference at Okoa Kenya offices in Nairobi, Mr Miguna dared the government to arrest him for taking a leading role in the “swearing-in” of Mr Raila Odinga as the people’s president on Tuesday afternoon.

The DCI boss, Mr George Kinoti, said Mr Miguna said was arrested for administering an illegal oath and being a member of National Resistance Movement, a proscribed organisation.

“Mr Miguna publicly declared that he was an NRM general. By the time he did that, the Interior minister had already issued a gazette notice. We cannot let that go,” Mr Kinoti said.

“Miguna also said he was going to lead people to burn portraits of a democratically elected president.

"What do you expect from us? He also confessed he was the one who administered the oath.”

In a 7.15am text message to the Saturday Nation, Mr Miguna said police officers had stormed and ransacked his house.

“Police have bombed their way into my house,” Mr Miguna wrote.

“Some are still hiding in the compound hoping that I make a move so that they can shoot me and claim that there was a shootout! I’m staying put!”

When reporters arrived at the home at 8am, two officers were blocking people who were streaming in after news of the lawyer’s arrest spread.