Miguna moves to court to challenge suspension

Written By:Micheal Gichuki,    Posted: Thu, Aug 11, 2011

The matter will be heard on August 24th. Former Prime Minister Raila Odinga's advisor on coalition affairs Miguna Miguna was Thursday at the Milimani High Court in what would seem as a desperate attempt to reverse his recent suspension . At the court he filed a certificate of urgency in a bid to compel the court that the Attorney General and the Permanent Secretary in the PM's office Mohammed Isahakia had breached on his rights as enshrined in the constitution. Through his lawyer Nelson Havi who filed the matter Miguna alleged that his monthly salary allowances and benefits have been stripped contrary to the public service regulations which stipulate that unless one is convicted of a serious criminal offence or pending proceedings for his dismissal his salary will then be stripped on these grounds. He further alludes in his submission that the law recognizes the fact that the applicant's interdiction shall not bar him from receiving half of his salary allowances and benefits pending hearing and determination of the suit. Miguna also states that the premiers move to incriminate him of gross misconduct without a warning letter detailing the details of the particulars of the offence amounts to violation of his fundamental rights. Justice Nicholas Ombija directed for the matter to be heard on the 24th of August in order for the Permanent Secretary  and the AG to be effected with service and respond to the allegations. Miguna was suspended over allegations of gross misconduct. He was accused among other things harassment, intimidation and use of abusive language to colleagues and mispresenting the office of the prime minister.