The letter Miguna wrote to the PS.

Let me break some things down for you. I believe it will be useful, especially for my friends, the media and those blogging:
1. I, Kivutha Kibwana and Tuju were hired on contract as advisors at job group V, where Muthaura is. The contract is until the end of the coalition government. In other words, I am employed on a fixed-term contract until the coalition government is dissolved. If the coalition government is dissolved in August or December 2012, my contract lapses automatically.

2. However, if - for whatever reasons - my contract is terminated (I cannot be dismissed because this is a contractual relationship; termination of a contract must be for material breach, etc), the employer is obligated to pay ALL my dues up to the end of the contract.

3. So far, the employer has breached the employment contract in two material ways: first, the employer has refused to pay me the same as Kibwana; and two, the employer has purported to suspend me without pay.

4. There is no suspension for the alleged infractions in law in Kenya. I could only be suspended if I was convicted or being tried for SERIOUS criminal offenses. Neither has happened.

5. There is no indefinite suspension in Kenyan law. The letter I was issued with does not provide the duration of the suspension. It is blanket.

6. Due process was not followed. I was not given a "show cause" letter with detailed particulars and asked to respond within a specific amount of time.

7. I was not requested to return from vacation and a proper "show cause" letter issued to me in a humane and dignified manner.

8. The withdrawal of my salary, allowances and benefits was both illegal and actuated by malice.

9. The withdrawal of my security and government issued vehicle was both illegal and actuated by malice.

10. The summary termination of employment of all my staff was both illegal and actuated by malice.

11. The leakage of the "suspension letter" to the media before it was served on me was unlawful and actuated by malice.

12. The discussion of my so-called suspension with third parties unrelated to my employment such as James Orengo, Jakoyo Midiwo, Oburu Odinga, Francis Muthaura, Francis Kimemia, Alfred Mutua, Caroli Omondi and Mohammed Isahakia was both unlawful and actuated by malice.

13. The failure by the PM to contact me for more than one week (up to now) proves malicious intent.

14. The IIEC has disclosed to the PM that I was not involved in the alleged "interference" with the commission.

15. I was not an employee of the ODM party. I was not answerable to ODM or to Jakoyo Midiwo, etc.

16. In any event, I was instructed to write my article on the IIEC chairman and the position he had taken with respect to the party's decision to kick out rebellious MPs and Councillors.

17. It was the PM who instructed me to write a column on topical social, political, governance, legal and constitutional issues. Indeed, the PM has on a number of occasions not only given me specific assignments; he has consistently praised my articles and defended me when PNU have demanded that I be either stopped from writing or be fired for the same.

18. Lastly, the manner of "suspension" does not accord with the principles in the constitution, the law and good governance.

19. Under the circumstances, I am fully entitled to fight for my rights and to insist that those in positions of power abide by, uphold and respect both the constitution and the rule of law.

20. My "suspension" has absolutely nothing to do with the "reasons" that were given in Isahakia's letter, nor those attributed to Jakoyo Midiwo. Truth, honesty and integrity must prevail.

Cheers,

Miguna Miguna