The first chief justice under the new Constitution 2010 Dr Willy Mutunga will travel to Canada on November 16, 2021 to accompany lawyer Miguna Miguna in coming back to his country after more than three years of being expelled.
The former CJ who is a well-known human rights activist says that he took the extraordinary step to send a message to the Uhuru Kenyatta-led government to respect the constitution.
“I have taken this extraordinary step for two fundamental reasons. The first is because of the continued, flagrant and repressible defiance of the Government of Kenya, its agencies and senior officials, against the numerous valid court orders in favour of Mr Miguna.
The second reason why I have decided to undertake this journey is to support and defend the independence of our Judiciary, its authority, and the people’s confidence in it”, said Willy Mutunga.
Miguna was illegally seized from his Nairobi house on February 2, 2018. He was then detained incommunicado and tortured for six days.
The Kenyan government detonated Miguna’s house and illegally seized his passport, forcing him to flee to exile in Canada.
The court orders issued for Miguna’s free entry into Kenya and his compensation from the loss he suffered on the hands of government officials and institutions have never been followed.
Mutunga says the blatant disregard of government to the rule of law and constitution is tantamount to the overthrow of the 2010 Constitution “and egregious act of impunity by a government that has a duty to uphold, comply with and enforce laws and court orders”.
He ends by saying that the journey will be broadcast online for netizens to follow the historic comeback. He urges people of goodwill to support the Miguna’s cause “because it is just”.
The hard-hitting opinion appeared in The Elephant that helps citizens reflect about their society by interrogating its past, present and future.
STORY By MUSYOKA NGUI, EDITED By BONIFACE MWANIKI
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Am happy that the barrister solicitor is coming to his motherland. Justice delayed is justice denied kudos Dr. Mutunga. Dr.Miguna Miguna "come baby come" and deconstruct the despots and the conmen. while you were away Barrister, the "reggae was stopped" by the court.
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