Tuesday, August 16, 2011

Miguna Reacts to a Newspaper Report

It is quite unfortunate for a whole Prime Minister of the Republic of Kenya to have said what the newspapers attribute to him on my illegal suspension.

Kenyans expect the PM to respect and uphold the rule of law and the Constitution.

The PM is not law unto himself. He is but a mere mortal like Miguna Miguna. His rights under the Constitution are not more or less than mine.

Like him, I have a right to due process of law. I have a right to be informed of the allegations ahead of time - if there any - against me and to be accorded an opportunity to respond. No one can be condemned unheard.

I am entitled to both adequate and proper notice and a defence or response. Everyone in this country has a fundamental right not to be subjected to arbitrary and whimsical action not founded on law.

The PM must explain to the country when he gave me a "show cause" letter with detailed particulars of the allegations he claims are being investigated.

He must also explain, under what law he suspended me without pay.

Further, the PM must explain to the country who the investigating agency is and what it is investigating.

What "normal government procedure" was followed? Under which law? Has the PM now become an investigator? Under what law or provision of the Constitution?

The PM must explain which law or provision of the Constitution gives him the power to leak the so-called suspension letter more than 24 hours before it is delivered to me.

As the PM's adviser for coalition affairs, I worked for the Executive arm of government. Jakoyo Midiwo and his incompetent fellow Luo MPs work on the legislative side. How then does Jakoyo and the other MPs become my supervisors and decide when and how I lose my job? Or is Jakoyo speaking as the PM's counsin?

I am a government employee; not that of the larger Odinga family or the party ODM. Therefore, I must be accorded all my legal rights. I am not going to beg for my rights.

The PM must start respecting institutions, procedures, laws and the Constitution. He must also respect every Kenyan; small or big. He is NOT above the law.

I am ready and prepared to answer any fabricated allegations they might have concocted. But I will only do so WITHIN the law and as prescribed by the Constitution.

I do not fear anyone. I am not going to allow anyone to bully me. God, the truth and the Constitution are my shields!

The new Constitution is very clear on the rights of individuals and employees. No one is permitted to treat the Constitution as a mere piece of paper. Miguna Miguna will certainly not allow it! I am not going to succumb to threats and intimidation from clueless goons!"

Thanks.

Miguna Miguna
Nairobi



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