The Kenya NationalCommission on Human Rights wants the State to repatriate back home and compensate lawyer Miguna Miguna for the violation of his rights.
In its report filed in court on April 23, the KNCHR wants the State to comply with court orders and allow the “NRM General” back in Kenya.
It also wants the government to return Miguna’sKenyan passport and Interior CS Fred Matiang’i, Immigration
PS Gordon Kihalang’wa and Police IG Joseph Boinett penalised for contempt of court.
“The government should offer compensation and reparations for the harm, damage and loss of property
occasioned by the respondents and their officers on Miguna,” the commission said.
The rights watchdog said it was greatly disturbed by the lack of respect for the Constitution and the rule of law as demonstrated by the three senior government officers.
“Those in power must lead by example in adhering to the rule of law. Otherwise they encourage ordinary citizens to defy the law, which can lead to anarchy,” KNHRC said.
The agency also wants Matiang’i, Kihalangwa and Boinnet declared unfit to hold public office.
“For the violations of Miguna’s fundamental rights and freedoms, all those culpable must be held to account in accordance with the law,” the report states.
Journalists covering the Miguna saga were also harassed and beaten by police. KNCHR has demanded that all culprits be punished and victims compensated.
“Journalists and Miguna’s lawyers were threatened, beaten and harassed by the security officers while conducting their rightful and legitimate work,” the commission said.
A number of the journalists sustained injuries and had their broadcast equipment damaged.
“The journalists posed no security threat to peace or to the operations at the airport,” KNHRC said.
The agency said it will work closely with the Independent Police Oversight Authority and the Office of the Director of Public Prosecutions in pursuit of compensation for the victims.
It has also promised to ensure the officers involved are prosecuted.
In March, the High Court directed the commission’s chairperson Kagwiria Mbogori to be allowed access to the immigration and customs clearance area at the airport to oversee Migunas return.
The agency’s head of human rights investigations Kamanda Mucheke said they were completely blocked from entering the area.
Miguna returned to Kenya after he was controversially deported on February 6. His return had been ordered by High Court Judge Chacha Mwita.
He was not allowed to enter the country with authorities declaring him an undocumented person.
Miguna was again deported on March 28, after a standoff at the Jomo Kenyatta International Airport. The deportation came after he refused to surrender his travel documents. The lawyer insisted on entering the country with his Kenyan Identity Card. Immigration officials opposed the move.
“We were all denied security passes and told the court order only provided for chairperson of the commission or her representative,” Mucheke said.
The immigration officials insisted the Kenyan ID card was not a travel document and ordered Miguna to produce a valid travel document. Miguna remained adamant and a standoff ensued, the agency said.
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