CS Dr. Fred Matian'gi

CS Dr. Fred Matian’gi

NAIROBI, Kenya-The notion of being able to “deport” Dr. Miguna Miguna, a natural born Kenya citizen, is as absurd as it is dynamite. Why?
Because it may be the proverbial straw that broke the Camel’s back, for the Kenyatta-Ruto regime.

It has intensified a national and international conversation regarding the sanity of the people advising the regime of Kenya’s president Uhuru Keyatta.

It has highlighted increasing impunity by government officials, as shown in consistent violations of court orders and other behaviors unbecoming of the so-called public servants.

This has also provoked a major showdown between the judiciary and the executive, with CJ David Maraga issuing warnings against continuing defiance of court orders and threatening unspecified consequences.

In the days before the so-called deportation of Dr. Miguna Miguna, himself an advocate of the high court of Kenya, and a former gubernatorial candidate of Nairobi County, Lead Counsel Dr. John Khaminwa made a recommendation that should startle the Jubilee regime.

The experienced attorney stated that judges should begin to refuse, as in England and the European Union, to hear cases now pending before them.

Similar suggestions, including all lawyers within Nairobi and its environs matching to the office of the Chief Justice of the Supreme Court to take a stand and demand that the government starts to obey court orders, have been expressed.

This, with an already restive population, is a recipe for the downfall of the Kenyatta-Ruto regime.

Equally important, is that the Miguna “deportation” has exposed an increasing government hostility towards diaspora Kenyans, many of whom hold dual citizenship.

This is an economic and political minefield for the government. What are we saying?

We are saying that the economic costs of hostility to diaspora Kenyans are overwhelming, and could cause the nation’s economy to grind to a screeching halt in very short order.

Kenyans looking at the way the government is handling the Migiuna case, many of whom are facing retirement and would like to invest quickly in their country to reap the benefits of devolution, may choose not to take a chance with their hard-earned incomes.

Mr. Kenyatta and his deputy should know that antagonizing diaspora Kenyans and creating doubts in them is economic and political suicide for the government. Why?

Because they are private domestic investors who are now creating jobs, especially in the construction of residential and commercial real estate throughout Kenya.

The jubilee government, virtually on the verge of collapsing under the weight of a public wage bill that is unsustainable, does not produce anything.

Except more government.

Diaspora Kenyans hold the key to economic development; many of them also have dual citizenship.

Now they are having to wonder if, with all their efforts to invest in the homeland, it is possible to be “deported” by a rogue regime.

Although to think to deport a natural born citizen is departure from wisdom and common sense it is still causing many Kenyans in the diaspora to rethink what they are doing in Kenya.

It is also making the removal of this regime more urgent and important than it has ever been.

A nation trying to get on the path of economic take-off needs a steady hand, a sober commitment to, and understanding of, the job of president.

When the IEBC commissioner, Dr. Roselyn Akombe, fled the country in October, 2017, citing threats to her life for resisting government interference in the 2017 presidential elections, a government insider threatened to “revisit” the dual citizenship clause on the Kenyan constitution.

It appears, however, that that the so-called deportation of Dr. Miguna has revived suspicions diaspora Kenyans have been having of this government’s attitude towards them.

At this point we want to redirect the government, particularly the regime’s CS of internal security, Dr. Matian’gi, to Chapter three of the 2010 constitution.

The above referenced chapter deals with entitlements of citizenship of the republic of Kenya, one of which is the possession of a passport.

The citizens are entitled to a passport and cannot be deprived of this without due process.

Currently, the government of Kenya has consistently defied the law by confiscating passports owned by perceived opponents, in violation of the constitution, despite public pronouncement to the contrary.

The chapter states that a person can have dual citizenship, be a citizen by birth or registration.

Dr. Miguna holds dual citizenship of Canada and Kenya, the former by registration or naturalization; the latter by birth.

What does this mean?

Article 14 (1) of the 2010 constitution states that a person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen.

Both of Dr. Miguna’s parents are Kenyans. On that basis alone, he is a natural born Kenya citizen. We also know that he was born on the land.

We believe if Dr. Matiang’i and his government associates would have taken their time to read the relevant sections of the constitution, it would have put the matter to rest.

What about Dr. Miguna’s Canadian citizenship? Was this in contravention of the Kenya constitution?

Again, we shall let our esteemed document provide the answers.

Article 16 of the Kenya constitution states that a citizen by birth does not lose citizenship by acquiring the citizenship of another country.

Dr. Matiang’i will never find in this constitution, which his bosses- Kenyatta and Ruto -swore to defend and protect when they took the oath of office, one word which supports his actions against Dr. Miguna.

No more needs be said about this.

And now let us return to deportation.

How can any man imagine that, because of a job, he is able to take away another Kenyan’s citizenship?

We must be seeing the last things in our world! This is altogether past out understanding.

Dr. Matian’gi, Mr. Kenyatta, and Mr. Ruto, this is what we have to say to you. You cannot do it.

You may be able to do a whole lot of things.

But trying to take away people’s birthright? No. You cannot do that. It is beyond delusional.

Posted by on February 9, 2018. Filed under editorial,Headlines,Politics. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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