The High Court in Nairobi has directed the police to release self-proclaimed National Resistance Movement (NRM) general Miguna Miguna on anticipatory bail issued by the court.
“If not yet charged then he remains free since there was an order that he be released on anticipatory bail,” read the ruling
In his ruling, Justice Luka Kimaru further indicated that Miguna has a right to file an appropriate suit seeking compensation for unlawful detention.
“It is evident that Miguna Miguna was kept incommunicado” read Justice Luka Kimaru
“It was clear that the two did not obey the court and as public officers they should obey court orders…They acted in contempt of this court by not releasing Miguna Miguna,” read the ruling in part
This comes just hours after Miguna declined to take plea at the Kajiado Court where he had been arraigned earlier.
According to the charge sheet, which Miguna’s lawyers dismissed as defective and suspicious, Miguna was charged with being present and consenting to the administration of an oath to commit a capital offense namely treason contrary to Section 59 (a) of the penal code.
Miguna’s lawyers led by Senior counsel John Khaminwa and Nelson Havi however insisted the court to direct the Kajiado court to release their client and his file to Milimani court.