The Real Reasons Behind Miguna Miguna’s Suspension

Miguna had effectively filled a glaring vacuum in ODM and put the leadership out of business

In a move that has baffled millions of ODM supporters and surprised Kenya’s punditocracy and observers alike, Miguna Miguna, Political Advisor to Prime Minister Raila Odinga on Coalition Affairs, was last Thursday, suspended under very obscure circumstances. The bizarre action has raised unanswered questions among ODM’s supporters and ignited wild celebrations within the PNU, a besieged Party that will no doubt breathe a sigh of relief because since he assumed office, Miguna has been a thorn in the flesh of PNU’s top apparatchiks.

In the eyes of the ODM-aligned public which has been following Miguna’s work in the Prime Minister’s Office since his appointment soon after Raila Odinga’s Presidency was stolen, the impromptu suspension was dumbfounding because all said and done, Miguna has been the right hand man of Raila Odinga while he has also emerged as the ultimate anti-dot to PNU’s venom-spitting carpetbaggers who had become verily preoccupied with besmirching the Prime Minister at every opportunity for political advantage.

As they desperately tried to “unravel the Miguna suspension mystery”, commentators in the Bourgeoisie media in Kenya described the brilliant Lawyer as “combative” and “abrasive”, linking these characteristics to accusations of “arrogance”, “political interference”, “use of abusive language” and “misrepresentation of the Prime Minister’s Office”, flimsy excuses that were shamelessly touted by Permanent Secretary Mohammed Isahakia as the basis of Miguna’s suspension.

In reality, Miguna has been “militant” and “revolutionary” in both posture and perspective, significant qualities that combined with his ideological interpretation of Kenyan politics to enable him smash to smithereens cheap propaganda spewed in the PNU controlled media by Raila’s scatterbrained critics. As these losers licked their wounds after every assault from the ever-blazing “Miguna bazookers”, members of ODM’s attenuated leadership could only shake their heads in envious but silent wonder, having been reduced to spectators in the political playground where they were supposed to be key strikers as Miguna advised Raila quietly in the PM’s Office.

Obviously, it would be simplistic for any conscious mind to believe that Miguna’s suspension had anything to do with the useless reasons that were advanced by his suspenders whom, by communicating the illegal suspension through the media, blatantly violated government protocol with impunity, trampled on Miguna’s Constitutional rights while subjecting the lawyer to a high level of public humiliation that has never been witnessed in Kenya since the cobbling of the Coalition government by Kofi Anan on February 28th 2008.

Miguna castrated ODM’s leadership politically
If I may add my theory to try and unravel the mystery, reasons behind the suspension of Miguna are unconnected to what the public has been told but to internal ODM politics and powerful external interests which may have been threatened by Miguna’s intelligence, militancy, revolutionary approach to issues, impeachable academic credentials, radical history, untainted character, Pan-Africanist ideology, writing prowess, forthrightness and, most importantly, close proximity to Prime Minister Raila Amollo Odinga, the next potential President of the Republic of Kenya.

For ODM’s internal leadership popular for crass political opportunism, and which has been lethargic in defending the Party in the face of constant assaults by PNU’s attack dogs, Miguna had effectively filled a glaring vacuum in the Party’s leadership. With time, every position taken by Miguna on any critical issue had become (in the eyes of the public) the official ODM position.

From his vantage point as advisor of Prime Minister, Miguna needed no authority from ODM’s leadership to articulate Party policy and this situation constantly kept the Party’s leadership in a quandary especially on matters of Party policy. The problem was that the Miguna positions and revolutionary language were too radical for the uninitiated opportunists within the Party. With Miguna doing a good job, the PM did not need mediocre views of Party leaders and this may have created a huge resentment within the Party.

The consequence of this reality was that almost all players who were supposed to have been articulating Party policy to the public were forced into involuntary silence by Miguna’s interventions which also put the whole leadership out of business. With time, an aura of hatred, malice, envy and fear crept into the consciousness of these embattled leaders thereby brewing strong anti-Miguna feelings within the leadership which felt that the lawyer was usurping their powers and responsibilities.

The euphemism within the Party was that Miguna was creating “political interference” because no one knew exactly how the “Miguna problem” could be tackled. Miguna’s apparent “division” of the Party is actually the mess within hawks in the leadership due to their inability to materialize a collective and working strategy to stop Miguna who had castrated them politically with sharp analysis in the media on every issue that required a clear Party position.

According to ODM’s Party protocol, the Kenyan law or the new Constitution,  Miguna’s style was neither contrary nor illegal. However, the lawyer’s official proximity to the Prime Minister gave him authority to operate with the added advantage that his modus operandi could not be questioned or opposed within the Party. Since the PM had not openly complained or expressed any discomfort with Miguna’s way of doing things, the perception was that Miguna may have been acting with the express authority or knowledge of the Prime Minister and opposing him could have been tantamount to opposing the PM himself. In fact, the popularity of Miguna’s steadfast defence of the PM only deepened the dilemma of his detractors in the Party.

With time, the sidelined ODM leadership may have given the PM ultimatums of sorts, notably to choose between loyalty of Party leadership and Miguna Miguna who had literally taken over the role of Party spokesman and rendered the leadership irrelevant and useless in the political playing field a year before general elections. With his sharp analysis in the The Star newspaper to wade off anti-Raila miscreants, Miguna’s political popularity was growing faster than the rate at which ODM was recruiting new members, a tendency that was unwelcome within ODM’s threatened leadership which Miguna had deprived of profile-building political fodder.

It is under such circumstances that the PM may have given authority for Miguna to be “suspended” by his (Miguna’s) juniors as the PM went on holiday to think about his next step and this could explain why the PM did not make the drastic announcement by himself. It must be noted that the meeting where Miguna’s suspension was discussed was a secret ODM meeting while Jakoyo Midiwo, Raila’s cousin who doubles as the Party’s key attack dog, was tasked with explaining the bizarre action to the public. It is therefore not surprising that despite Miguna’s well recognized role in ODM, no prominent member of the Party’s leadership has come up to question the irregular suspension whose implementation even violated official government policy.

Breathing space
That said, the failure to fire Miguna completely has given Raila Odinga a breathing space to enable him weigh both his options in the situation and consequences of a total Miguna exit. The suspension has generated a lot of ire from ODM’s supporters who believe that Raila’s propaganda machine will be totally disabled without Miguna. If the ensuing political repercussions prove too heavy, it should not be surprising if Raila surfaces to pull a new surprise by overruling the suspension and re-instating Miguna. The fact that Raila has not taken a position four days after the suspension is indicative that he may have returned to the drawing board to come up with an option that will enable him keep his powder dry ahead of next year’s elections.

However, the situation could be totally different if the suspension of Miguna is linked to fears of Western imperialism that a person of Miguna’s radicalism is so close to a potential and next President of the Republic of Kenya. With his revolutionary profile and history, and from an imperialist perspective, Miguna does not fit into the ideal political advisor of the next President of Kenya because his posture resembles those of: Kwame Nkuruma, Edwado Mondlane, Patrice Lumumba, Thomas Sankara, Steve Biko, Malkom-X, JM Kariuki, Oginga Odinga and other African revolutionaries who were either frustrated politically or hunted down and eventually assassinated through imperialist’s interventionist policies in Africa.

The West appears to have settled on Raila as an acceptable Presidential candidate in Kenya. If Muguna’s suspension has anything to do with Western pressure on the PM, quashing his suspension will be difficult or dependent on whether Imperialism can appreciate the domestic implications of Muguna being out of Raila’s political machine. In the meantime, the suspension remains unpopular within ODM’s supporters while its naked implications for Raila Odinga’s quest for Presidency could form the subject of yet another installment.

Okoth Osewe



  • Where there is smoke there is fire underneath.

  • Omera,
    It has come back home to roost.It will never be again.The suffering tribe has to be given some breathing space.Miguna or no Miguna,the Luo must begine to recocnize that we are part of a grander whole.Makes it very easy to deal.It is our collective responsibilty to stem such simplicities.Miguna is not the issue ,its the sycophancy that has taken hold around Raila.He ahs not even been elected ,yet.So if he becomes ,we shall as a people suffer more.It is me Tony Odera

  • ………..Nairobi A stand off among political party delegates attending a constitutional review forum nearly ensued after the Prime Ministers adviser gave his opinion on the contentious issues..Mr Miguna Miguna the advisor to the PM told delegates that it was important for the Committee of Experts on the Constitution to carry out its mandate as required by ensuring that there was equity in the new draft.. .He also said that there was need for a democratic representative and transparent system of government which was lacking and termed the current system where the President is the head of State and Commander in Chief as mongrel.. This is a mongrel system and it is important to separate the powers of the President from those of the PM he said..His comment however did not go well with the PNU representative George Nyamweya who interrupted Mr Miguna saying that the forum was not about two individuals but about the Constitution making process.

  • Miguna’s text message to Raila after being fired

    “Jakom,good evening! Those who are publicly abusing and undermining you and the party like Dualle,etc are sacred, Those looting and plundering public resources are cosy.But I who have sacrificed so much and defended you and fought for you and what I’ve believed to be higher ideals is sacrificed so inhumanely. For What? I who has gallantly stood up to the merchants of impunity is cut loose! Does anybody think this is the way to win elections? Does anybody believe that I have done anything? And so my staff is fired summarily without due process. I have not even received the letter or any other official communication about this. Is this Justice? Is this the change we’ve sacrificed our lives for? Awuoro Awuoro God bless you.”

  • Why Was Miguna Thrown Out of the Window?

    A Digital Essay by Onyango Oloo

    For a country which is the economic hub of East Africa; a country envied by its neighbours for its relative peace, security and stability; a country lauded internationally for its fairly progressive constitution-Kenya continues to depict stubborn primitive tendencies when it comes to hiring and firing people, especially those positions that swirl around political personalities.

    Former President Daniel arap Moi created and perfected the template. About a decade ago, Dr. Adhu Awiti was on a Nairobi bound bus which had done a quick stop over in Nakuru to enable the passengers to visit the washrooms and have a quick bite. As he completed the washroom break, he was serenaded with the news, announced over the radio, that the President had just made him a cabinet minister. Ambassador Bethwel Kiplagat was flying back to Kenya from Madagascar where he had gone to bury his mother in law. Upon landing at the Jomo Kenyatta International Airport, shocked relatives informed him in hushed tones that Moi had fired him as a permanent secretary in a terse statement announced over the radio.

    This tradition continued in the post KANU NARC era-even after incoming President Kibaki had pledged in his inaugural address that the era of roadside pronouncements was over. Because his wife Lucy did not like a senior State House operative, Matere Keriri suddenly found himself jobless. Because he resented the fact that some of his ministers led by Raila Odinga had the temerity to campaign against the Wako Draft during the 2005 Referendum, Kibaki promptly fired them from their cabinet posts. Because he was more comfortable with his Gikuyu tribesmen around him, Kibaki shamelessly appointed the heads of the NSIS, the Central Bank and the Armed Forces without consultation and due process.

    The Rt. Hon. Prime Minister, Raila Amollo Odinga, was supposed to be different, a counter point to the KANU authoritarian culture.

  • Starbuck Miller

    Speculation doing the rounds is that Prime Minister Raila Odinga decided to suspend one of his strongest supporters Miguna Miguna in a re-organization of his team ahead of next year’s election. The first move, according to various sources within the PM’s office was to reduce Caroli Omondi’s influence by bringing in former Western Province boss Abdul Mwasera who is now responsible for most of the administrative duties. Miguna’s suspension— celebrated by some MPs— is just another of the many changes that will be instituted in the PM’s office.


  • Philip Nyangwezo

    Miguna A Sacrificial Lamb In Raila’s Plot Monday, 08 August 2011 15:52 BY MOSES KURIA

    TOUR: PM Raila Odinga addressing an ODM rally at Musoli Primary in Ikolomani, Kakamega South. Photo/Samuel Simiti

    Since the dramatic suspension of my fellow columnist Miguna Miguna, the Prime Minister’s advisor on coalition affairs, I have been prodded by friends, analysts and commentators to declare whether I was taking a victory lap. This, ostensibly is as a result of the long running political run-ins that I have had with Miguna over the last couple of years. Whilst for the undiscerning it may appear to be a déjà vu of sorts, beyond the din of celebrations from the long list of victims of Miguna’s reign of terror lies disturbing facts that calls for serious retrospection.

    Firstly, it is imperative to note that Miguna has never acted alone. In the Prime Minister Raila Odinga, Miguna not only had a boss but also an ideological mentor. I have argued in this column before that Miguna is actually a younger version of Raila Odinga. This largely informs why the PM has watched with glee as we lost count of the victims of Miguna’s nihilism. I recall with respect the gallant fight that Miguna put up on behalf of the PM for a parliamentary system of government in the run-up to the enactment of a new constitution. On the PM’s behalf, Miguna took no prisoners in the dealings with President Kibaki’s side on the management of the Grand Coalition Government.

    So valuable was Miguna to his boss and ideological mentor, that the PM has responded with deafening silence to every complaint we have made on his younger version. Thanks to the new constitution that provides for dual citizenship, Miguna can now enjoy his dual Kenyan and Canadian nationalities. This does not obliterate the undeniable fact that Miguna was holding dual citizenship illegally before 27th August, 2010. The PM did not take action on this despite my letter to him on the same, neither did he act on at least three other complaints that I publicly raised on the conduct of Miguna.

    Which then begs for the question of why my brother Miguna has been shown the door now. On 30th December, 2009, Naivasha MP John Mututho and I raised the red flag on the appointment of one Gideon Ochanda and Major James Oswago to key executive positions in the Interim Independent Electoral Commission. Ochanda was a candidate in the ODM primaries in Bondo in 2007 while retired Major Oswago was a key political actor in Rarieda in 2002 and as such their appointments to IIEC were highly inappropriate.

    Whereas IIEC took swift action rescinding Ochanda’s appointment, Major Oswago somehow survived. Since then, there have been frantic efforts from some quarters to ensure that Major Oswago gets an automatic transition to head the Interim Elections and Boundaries Commission.

    I have written before that the aborted efforts to protect Ababu Namwamba as the chair of the Legal Affairs Committee in parliament was a strategy to ensure Oswago’s smooth transition to the IEBC. When this failed, the clamour to discredit the IIEC commissioners was attempt that the KPU wing of ODM could resort to. To the best of my knowledge, this was a corporate project for the KPU wing of ODM and that is why I feel totally aggrieved that when the plot back-fired, my comrade Miguna Miguna has been turned into a sacrificial lamb alone!

    The method that has been employed to throw Miguna out of office provides a sneak preview of how a Raila presidency would look like. One of the victims of Miguna’s stinging criticism, Daniel Arap Moi must have been proud to see the return of firing public servants through media announcements. Withdrawing Miguna’s security when he was away in an ODM retreat in Naivasha and with his innocent kids at home and terrified must have been borrowed from the Gestapo tactics in East Germany. Firing Miguna’s administrative staff for the presumed sins of their boss must have been a script from the radical change that we were promised in 2007.

    Something in my conscience tells me that it is not enough to commiserate with Comrade Miguna. You can fault Miguna for anything but not his commitment to democracy in this country. Conventional wisdom has it that he created quite a few enemies for standing up against corruption in the Office of the Prime Minister right from the days of the maize scandal. With the suspension of Miguna, a latter day John Githongo may be in the making. There is no denying that Miguna is an intellectual genius, one of the best legal brains in this country, but then he happens to be socially autistic which explains why he gets into trouble with so many people. But then none of us can claim to be perfect. That is why I have no qualms offering Miguna a job at the Party of National Unity. After all, he preceded me as the treasurer of Students Organisation of Nairobi University by five years. If I receive an application from Comrade Miguna , I may just consider it. After all, what are friends there for?

    The author is the spokesman of the Party of National Unity. The views expressed herein are his own.

  • Workers of Kenya Unite

    A very brilliant analyis Miguna Miguna has castrated the ODM leadership politically.
    That is why Moses Kuria one of the PNU Kibakis advisors has the guts to offer hon Miguna Miguna Job after being thown out and fired like a pit-latrin by the ODM lackeys and demagogues in the party.
    ODM lack of political analysis has given its enemies a nacked un-defenceless body to take punches from GEMA mt Kenya Mafia . Today mr Moses Kuria has oppened a can of worms to the PM RAO ,remainding the people of Kenya how dangerous is for Railas Presidency quoting Raila as a Communist who studied in former Eastern Germany of Mr Eric Honnecker and his Stasi security forces,Mr Kuria views must be the Views of GEMA-Ruling-class fears and perhaps of other kenyan tribes .
    Such views my send a very bad signals not only to kenyan tribes but even to international investors . If the PM was not happy with Migunas service there are other decent ways of relinguishing Miguna from his high office.
    Raila himself has been a detainee, has lived in exile and he really knows how it is difficult and dangerous to treat a family man who is a bread-winner of his family .
    I believe kenyans are fighting to destroy merchants of impunity and bring about a true and genuine democracy where we together can make kenya a better place to live.

  • Saloviva Injeni

    For those who want to treat the firing of MM as not worth much ado, I say this:

    In my books, this is a political thriller, with all the ingredients of a master drama. There is the angle of the tragedy of a solitary hero lynched by a fearful group of kitchen consipirators. There are the intrigues of sucession politics in the court of a waning king; the petty jelousy of a home crowd against a been- to [he comes with his fancy degrees from fancy universities abroad and calls ours toilet papers from Lagos, Kaduna and Kano and Enugu! We will teach him a thing or two about life!]. There is the [oedipal] desperate mental state of an ageing political schemer, riding a heady nationalism which thinks their time is now, in a last ditch attempt to achieve his life’s dream and exorcise the ghost of his father’s humiliations and surpass him! All this in the background of a rotten and nearly failed republic trying re-fire herself up with a new constitution, which the elite is bent on sabotaging. Then there is the angle which interests me most: a super rich employer in the [duo ] captainy of a powerful criminal organization and his total disregard, disdain for and trashing of the rights of his workers. The intrinsic need for a total and public humiliation. The labour capital relationship between MM and RAO!
    I have noticed the shifty unease with which most Luo activists in Nyanza are handling the MM dismissal. For the thinking classes in that nationalism, rain drops have started to beat an otherwise merry party. In private everybody I have talked to is appaled at the ignominy and vicious dressing down of MM at the hands of RAO. It is the way Moi treated Odinga senior [when he fired him from the cotton lint and seed marketing board] and later Achieng’ Oneko. But asked if they would go public to condemn it, they balk, worried it could bring the project down.
    The dubious firing of MM has precipitated a crisis in Luo political thinking. Always aligned to the progressive side of Kenyan struggles, a variety of Luo intellectuals have been vocal at condemning injustices far and wide perpetrated by Kibaki, Moi or Kenyatta. Now, faced with their own Luo Moi, with notables like Orengo taking over the roles of Oyugi when Ouko was fingered, wholesale they revert to the standard reactionary [nationalist] collusion for the common good. Compromised collaboration. We see this in the Israeli intelligentsia’s blindness to their state’s terror on Palestinians. We saw this in German intellectuals claiming high civilsation even as their state built extermination ghettos for their fellow Jewish citizens. We saw this in Serbian intellectuals as their army genocided muslims in Bosnia Hercegovina. And I saw this in Tutsi intellectuals: as Kagame terrorized all Hutu critics as revisionists: they legitimized him until he turned on them and began a purge! And how about Hutu intellectuals keeping their powder dry as Habyarmana’s regime went fascist?
    But just like Ngugi wa Thiong’o in his heyday –when Kenyatta thought he had the Gikuyu interpretation of history all sewn up– pointed to how naked the King actually was, there was this brave professor in Nyanza who, yesterday at a funeral, said his piece: “my loyalty to our project is not fierce enough to be contented with a Luo version of Moi or Kibaki! I find it too inferior to vote for! This Agwambo who tosses away all progressive baggage to be beautiful to the devil!
    Raila koro ong’ad mande oko te, eka ibiro miye bodho mondo onyam! Donge ok nonyal!” [freely translated]: Raila’s balls must first be cut off before he is given the nymphomaniac, wont he just scratch and pass her on?
    The struggle continues!

  • Miguna Miguna cruel sackings was like a sunday church dressing>Kalenjins has threatened Both the Two Priniciples Kibaki and Raila!Kalenjins Mps will drive Kenya to the dogs if Koskey of KEB will not be re-instated to his job>Kenya Bureau of Standards (Kebs) managing director Joseph Kipketer Koskey. Photo/FILE

    Posted Wednesday, August 10 2011 at 22:00

    Share This Story

    Share Abuse of authority

    The MPs claimed his sacking was related to the position Kebs had taken on importation of genetically modified maize.

    Energy assistant minister Magerer Lang’at described the sacking by Mr Kingi as “a blatant abuse of his ministerial authority” and asked him to rescind it immediately.

    Mr Lang’at said: “As a member of that Cabinet, I would like to send a message to the Prime Minister and the President that if they don’t take control of these matters, we might take this country to the dogs again.”

    Should Kalenjins be allowed to drive Kenya to the Dogs? Just becouse of One of their Own >Koskey?


    Mr. MM,

    I hope you should be following whatever is written about you in the Kenyan media, but especially in the star, of which you are a columnist in light of recent developments. I had commented yesterday on Moses Kuria’s article in respect of your unceremonious exit from ODM. Please read it when you are free.

    So many people who might not have met or spoken to you are making their opinions on the issue public. Almost 3/4 of them are happy with your predicament, which of course doesn’t prove that 3/4 of the Kenyan news following population hates you. This 3/4 is mainly composed of enemies of Raila and ODM, and by extension, of you by virtue of your having been an unflinching supporter of Raila and the party ODM. So take heart. I can’t vouch for your being 100% blame free because I have never known you, spoken to you or interacted with you personally. From the news stories I am influenced to believe that you are overbearing, arrogant, abrasive, undiplomatically outspoken, and therefore is a burden to the PM than an asset. But these stories haven’t explained how Raila kept you near to him since your arrival from exile, for all these years. If he did so knowing the above, it’s quite uncharacteristic of him. From the same stories, I gather that you are (now???) fiercely loyal to and protective of Raila and the party, but a reluctant praise singer; don’t brook nonsense and frivolity; have an exemplary legal acumen and a razor sharp brain, etc., etc.

    The first group of attributes are found in many to good measure who happen to be in positions like you were in. They may not hesitate to call it quits if continue remaining hurts their self respect. The second group is what makes a man a total man. They make one focused and determined to take on adversaries to finality without trepidation. In your case, I wonder whether Midiwo, had the balls to demand your sack without the PM’s concurrence. Perhaps yes or no. Or his proximity to Raila being his brother-in-law may have been a reason for his rashness. Is Raila, then, knave enough to mix family issues with party politics? Or did he only hear about your sacking after it had been executed? One might never know.

    What I would like to make clear here is that the method of your suspension/dismissal was unprocedural. You have sufficient grounds to sue the authority responsible for wrongful dismissal. You, being a civil servant, were entitled to notice(s)/ warning(s), and certainly a fair hearing. You should have been put on part of your salary while on interdiction, till a final decision will have been made. No one can detain your personal belongings by changing locks. This appears to me as vulgar a move as the infamous 1 pm news bulletin that Moi gleefully used against those seemed too independent minded.

    If you were on any pay-roll, the employer would have remitted your PAYE and/or other statutory deductions to the respective authority. You will not need anything else to prove you were gainfully employed. The air-ticket at the govt expense you received is another proof. Midiwo can’t sack even his shamba boy like this without being sued. Your tormentors may bank on your long standing relationship with Raila and expect you to keep quiet. To me it would be succumbing to impunity. If you still respect Raila, it’s a different issue altogether. You may tell him that much should you get a chance.

    Many concur with your views on the IIEC. Hassan and co. can’t rest on their laurels of a successful referendum and a couple of bye-elections. IIEC must be transparent in its organisation, staffing and operations. If any senior and mid-level positions have been filled without proper screening and vetting, they must be annulled. If proper tender practices have not been followed, someone should be made answerable.
    It’s not clear whether the dismissal of the CEO’s personal assistant is related to you in any way. The CEO is also said to be under suspicion of having colluded with outsiders to discredit the IIEC. There is a sort of palpable panic in the chairman and the commissioners. Had they taken it for granted that they would all move to the yet to be constituted IBEC? We are waiting for the KACC to finish their inquiry expeditiously.
    Meanwhile, I suggest you be yourself. Continue to fight for the values you believe in. Tell the public your side of the story. It’s for them to consume it whole, in part or reject it

    I wish you the best.

  • Locl Arm Shaft Beam

    Miguna Miguna didnt go in Vain hence he did his job perfect >This day ODM DEFEATED KKK
    in electing the new Mayor of Nairobi Capital-City Of Kenya!
    There is no place in Kenya as a whole for this Criminal Mongrel Called KKK that has suffocated Kenyan Masses since Independent days.

    There is no doubt the Next Govt will be formed by the ODM.

    Inshala. GOD WILLING:

  • Miguna in court to fight suspension

    Posted Thursday, August 11 2011 at 13:58

    Former Prime Minister Raila Odinga’s advisor on coalition affairs Miguna Miguna has moved to court to challenge his suspension.

    He has sued the Permanent Secretary in the PM’s office Mohammed Isahakia and Attorney General Amos Wako.

    Mr Miguna says the move was unlawful since a public officer can only be suspended if he is convicted of a criminal offence or is facing similar proceedings in court.

    He is also challenging the decision to suspend him without pay saying he is entitled to not less than half of his salary pending the determination of the case against him.

    Last week, Mr Miguna was suspended over “gross misconduct”.

    A letter from Dr Isahakia said Mr Odinga had instructed that his advisor be suspended without pay until his case is fully investigated.

    “I have been instructed by the Rt Hon Prime Minister that you be and are hereby suspended from performing your duties as the Advisor, Coalition Affairs, with immediate effect for gross misconduct,” read Dr Isahakia’s letter.

    He was accused of refusing to sign Local Agreement forms despite “several appeals” harassment, intimidation and use of abusive language to colleagues and misrepresenting the Office of the Prime Minister.

    “You are further required to hand over all Government properties under your custody to the Secretary Administration.”

    The matter was certified urgent by Justice Nicholas Ombija and a hearing date for August 24 set.

  • Mtu Myama mbaya

    IF Raila Amollo Oginga becomes next Kenyas President definetly the man is going to take revage from his nemises !Why looking what he has fired one of his best advisors
    hon Miguna Miguna One doesnt need to be a rocket scientist!

    RAO himself(personally) underwent the same when former Kenyas Dictator Daniel Toroitich Arap Moi detained him. This made his family (Ida and the Children ) to suffer heavely iconomically the rest is history!

    If RAO has forgotten all the roads he went through then he has no right to become Kenyas next President!
    Kikuyus and perhaps the Kalenjins has enough reasons to fear Railas Presidency of reva´ge regardless however Raila will try to fool Kiyus and the rest of Kenyan people.
    We all know how Power corrupts .Let us all wish hon Miguna Miguna good luck in all his edivours.

  • Raila Amolo Odinga is rebranding

    Nairobi/The Truth Weekly, August 8th – 14th 2011/By Truth Team

    Raila Amolo Odinga is rebranding. He is shading off his activist, chieftaincy, ethnic and populist past and reshaping into an executive, presidential, national and realist politician in readiness to the forthcoming general election.

    And in doing the biblical Saul to Paul transformation there have been and more will continue being losers and gainers. Miguna Miguna is one of the casualties of the process while one Eliud Owalo is a beneficiary.

    The question in most of Raila’s admirers is whether this strategy will work this time round. It has been a long way and if the son of Kenya’s first vice president doesn’t rise to the presidency this time, he may never.

    The prime minister has been working on a strategy to have hitherto unfriendly regions of the country embrace him, and so far he seems to be doing well.

    Mid last week two members of the Mt Kenya region, one of the PMs difficult areas, endorsed him for Kenya’s fourth president.

    Imenti Central Member of Parliament Gitobu Imanyara and former Ntonyiri legislator came out last week and declared that it was time the country made Raila president.

    Starehe MP Bishop Magaret Wanjiru was even bolder. She told the country that it cannot afford to be ruled by only two tribes.

    Speaking in Homabay last week the assistant minister for housing said t was time leaders from Central and Rift Valley provinces learnt to live with other communities.
    “I know that some people will not like it but the truth is that two tribes can not rule this country for eternity”, said the bishop.
    The Assistant Minister won applause and cheers from the crowd after she declared that she would rally behind the PM’s bid for the Presidency come next year.
    The PM’s presence has also been effected in the Coast, the North Eastern Frontier and most importantly the Rift Valley.

    The man from the lakeside Nyanza province is also gradually shading off the ragamuffin dress code associated with his activism days. He now spots designer suits on week days and smart casuals over the weekend.

    Mr Odinga’s advisors are reportedly being reshuffled. Pundits have argued in the past that it is the people around the Langata MP that scare away would be admirers. And the PM seems to have heard them. Miguna Miguna, the epitome of arrogance that puts off many non Luo Kenyans was axed from the PM’s office last week.

    Medical Services minister Anyang Nyong has also toned down on his vociferous and combative Raila damu tendency. In their place people from other ethnic communities are coming up to advance the PM’s ambition.
    The PM has also personally been seeking to have his traditional supporters go easy and allow the whole country to “own” him.

    He has, for instance asked the Luo to tone down on perceived arrogance, embrace other communities, and pay up for rented houses in towns.

    Within the ODM there has been disquiet over Nyanza politicians who have formed a ring around the PM. There are however deliberate strategies to push this Luo inner circle aside, at least for the time being.

    The PM is reported to be working hard to shade off the tendency of being taken hostage by his community.

    But will the reloaded Raila convince a substantial percentage of Kenyans to vote for him. That is in doubt. A section of central Kenya political leadership is still keen to have one of their own take the leadership of the country.

    Last week twenty-six MPs from the larger Mt Kenya region endorsed Deputy Prime Minister Uhuru Kenyatta as the area’s political torchbearer, and as such their preffered president after Kibaki.

    The MPs drawn from Central, parts of the Rift Valley,Eastern, and Nairobi picked the Finance Minister and Kanu chairman as their leader after a six-hour meeting in Nairobi.

    The leaders also voted in favour of a political alliance that would bring together leaders from the region before the General Election.

    They mandated Uhuru to reach out to other leaders across the country and craft political alliances. The Gatundu South MP was picked during a meeting at the Co-operative Training College, Karen, and mandated to unite people from the region.

    It is however imperative to note that those who have expressed interest in the Presidency from the region such as Assistant Minister Peter Kenneth and Gichugu MP Martha Karua were not invited.

    And in Raila’s own backyard there is former Rarieda MP Raphael Tuju who has also indicated that he will run for the top seat in the next general election.

    Sources inside President Mwai Kibaki’s circles have intimated to Truth Weekly that Tuju is one of the favourites of the retiring head of state to take over the mantle of the country’s leadership.

    The sources say president Kibaki has chosen to back Tuju’s presidential race, albeit silently.

    Tuju stuck with Kibaki at a time when doing so was tantamount to political suicide especially for a player in the Luo Nyanza scene. He paid the price. Despite having the best development record in Nyanza during the 9th parliament, Tuju was voted out as an MP at the 2007 election simply because he supported Kibaki against Raila for presidency.

    The PM has this in mind and is thought to be thinking of a way of shading off this obstacle to his way to state house.

  • An Update from Miguna
    « Thread Started Yesterday at 10:58pm »

    Emailed to friends and the media on August 11, 2011

    [The attached are now public documents as they were filed in court today.]

    Mohamed Isahakia has been sued because he issued the so-called suspension letter and leaked it to the press (electronic, radio and TV) 20 hours before it was delivered to me.

    The Attorney General has been sued because he is the competent government authority that is legally liable for or on behalf of the Government of Kenya. If the head of public service, the PM or the President do anything unlawful or illegal, the person to sue is the AG.

    I also issued libel notices to Isahakia and Jakoyo Midiwo today.

    You are free to share, disseminate and post the attached documents.

    I have reluctantly taken this action after waiting in vain for the PM to contact me, apologize for his transgressions and make amends. Unfortunately, he has failed or refused to do so. There is no honour for a man who cannot apologize and correct his mistakes.

    I have sacrificed my career, my life – even my family – for Raila Odinga. For him to throw me under the train in such callous, inhumane and clearly barbaric manner astounds me. I have loved Raila Odinga. I have fully trusted Raila Odinga. I have committed all my life and energy to defending and promoting the interests of Raila Odinga and that of the citizens of Kenya and the country at large. I have done so without much remuneration.

    Before relocating to Kenya in September 2007, I earned between $20,000 and $50,000.00 (CAD) per month. I spent more than $50,000.00 (CAD) to campaign for Raila Odinga in North America.

    I did all these things for higher ideals. I believed (I now realize, wrongly), that Raila Odinga was the “agent of change” for our country; the “bridge between the old and the new Kenya”.

    I have worked as a slave for Raila Odinga. Raila Odinga knows that I have done nothing wrong. He has been made aware by the IIEC that I was NOT involved at all in any conspiracy to undermine the commission. I have been advised that the IIEC has informed the PM that an internal IIEC investigation has revealed that the articles authored by Gikonyo Boaz (whose contents nobody has refuted) is one Dr. Baraza. The PM has been advised that I have no connections, links, nor do I know who Dr. Baraza is. Despite all these, the PM decided to “sacrifice” me “to save Major Oswago” who is also innocent of the frivolous charges.

    So, quite clearly, the PM and those around him simply wanted to “sacrifice” me for parochial, mischievous and malicious political reasons.

    But in doing so, they acted inhumanely, did not follow due process, and grossly breached my legal and constitutional rights. Nobody can justify these acts. I am not a dog that can be brutalized without consequences.

    I shall protect the rule of law and the Constitution. Those who fear democracy, the rule of law and refuse to uphold the Constitution have no business pretending to

    represent the ideals of the new dawn.

    For now, that is all I can say.

    Miguna Miguna

    Re: An Update from Miguna-Letter to PS

    Attached is the letter Miguna wrote to the PS.

    Miguna has just added the following remarks:

    Miguna Miguna

    show details 11:11 PM (15 minutes ago)

    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.


    Miguna Miguna

    Please login to download attachments.

  • Jaluo battling another Luo who has defended him both politically and intellectually. Maajabu…and Raila expects other Luos to elect him next prezzo after he has tossed Miguna out like a dirty rag? Surely, he will meet Luo resistance in 2012. His rebranding should not include dehumanizing others. As mentioned above, his wife Ida suffered public humiliation under dictator Moi when he kicked her out of her house while teaching at Kenya High. Raila was in detention and could not help her. How does he feel when Miguna is kicked out without pay for stupid reasons? He has not even come out to defend him. Am glad Miguna has taken his case to court. Kweli waliosema Raila ni mnyama with no feelings were right. The man is heartless.

  • Obala Sandan Mach

    I am Raila and ODM damu, but call a spade a spade. Raila has shown the real him in Miguna’s case. How could he have authorized him to write topical issues in a public newspaper then later use his foot soldiers like Midiwo et al, to condemn him for the same? I believe every word Miguna has penned online and elsewhere to explain his position in the so-called suspension. I feel sad and angry that some infighting at this crucial moment could come out in public to destroy the gains ODM has made in strategizing for 2012.

    There is a clear divide among the Luo professionals and the middle class that sympathize with Miguna. These people matter a lot and if Miguna’s predicament is not resolved by Raila, many in this category who are also liberal, will rethink Raila’s presidency. On the other hand, conservative Luo politicians had access and supported Miguna’s letter of suspension before he knew about it. It is these politicians who have been doing zero in ODM and cannot discuss or write topical issues to improve things in Luo Nyanza. Orengo is a known noisemaker in Nairobi, yet has the poorest development record in his Ugenya constituency, which holds the worst record of mismanaging CDF.

    I recall that two years ago, Raila reared his ugly head when he interfered with the running of the Luo Council of Elders by imposing a ‘Ker’ (Luo King) of his choice. We recall his imposition of Luo politicians of his choice in Ugenya and Mbita, among other constituencies during the 2007 elections, which caused a lot of divide among the electorate. We forgave him because he defended that the then battle was huge and he needed trustworthy soldiers.

    Nyando people from where Miguna hails are in shock, asking why Raila could suspend their son without pay, yet he has a family. It is equally shocking that Miguna has not been earning his worth, yet his job group is similar to that of Muthaura the Hague candidate, Kivutha Kibwana and Tuju. Why has Raila never come to support him in this? He must have only been interesting in using Miguna as an attack dog and does not need him any more.

    I guess it is time for Miguna to go back to Canada where he can work without “political intimidation” from thieves like Jakoyo Midiwo. However, he should continue fighting to put things in order and to expose Kenyan merchants of impunity who are not interested in dismantling their networks which they use to block the processes of implementing the new Constitution and improving the Mwananchi’s life.

  • MIGUNA SLAMS RAILA Saturday, 13 August 2011 00:01 BY ISAAC ONGIRI

    Prime Minister Raila Odinga
    MIGUNA: I have worked as a slave for Raila Odinga. He knows that i have done nothing wrong.
    Prev 1 of 2 Next

    Miguna Miguna, the suspended adviser to Prime Minister Raila Odinga, yesterday turned his wrath on his boss accusing him of acting with malicious intent by sanctioning his suspension. In a statement issued yesterday, Miguna said Raila’s failure to contact him in the past week proves malicious intent.

    Miguna said he had been prompted to issue this statement after waiting for Raila to “contact me and apologise for this transgression” so that the “artificially created dispute could be amicably resolved”. He said that Raila’s refusal to do so was “neither honourable nor humane”. “A man who cannot apologise and correct his mistakes has no business pretending to be the symbol of positive change for this country,” Miguna added.

    Miguna claimed there is corruption inside the Prime Minister’s office. “Unlike many people in and around the office of the PM, l have never been involved in corruption. I have never acted in pursuit of personal self interests,” he said. Miguna said he had been instructed by Raila to author the article published in The Star and which was critical of the IIEC chairman Ahmed Issack Hassan and the position he had taken with respect to the ODM’s decision to kick out rebellious MPs and councillors. “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 approved of and praised (many times in the presence of others) my articles and defended me when PNU demanded that I be either stopped from writing or be fired for the same,” Miguna claimed. “I have worked as a slave for Raila Odinga. Raila Odinga knows that I have done nothing wrong. He has been made aware by the IIEC that I was NOT involved at all in any conspiracy to undermine the commission. I have been advised that the IIEC has informed the PM that an internal investigation conducted by the IIEC had revealed that the author of the articles published in the Star newspaper under the byline Gikonyo Boaz — and whose contents nobody has refuted — is one Dr Baraza who is well known to the commission. The PM has been advised that I have no connections, links, nor do I know who Dr Baraza is”.

    Miguna adds, “Despite all these, the PM and others around him claimed that they were ‘sacrificing’ me ‘to save Major Oswago.” The IIEC CEO James Oswago’s personal assistant Roy Allan Odongo was suspended following internal investigations that revealed there was a link between him and the critical articles. A laptop seized revealed the unedited versions of the articles. Oswago was recalled from an official trip in the Philippines to assist in the investigations.

    Dr Baraza Kumbu who is a consultant with the IIEC denied being the author of the articles and expressed shock at Miguna’s allegations. “I have never met Miguna Miguna at close range and we aren’t friends nor am l familiar to him. I only know him from his writings. I do not think he knows me personally. That must have been an inside job from IIEC,” Dr Baraza said when contacted for me comment.

    Miguna said he had worked as “a slave” for Raila, sacrificed his professional career, his life and even that of his family and committed his life and energy to defending and promoting the interests of Raila and that of Kenyans at large. “I did all these things for higher ideals. I believe (I now realize, wrongly) that Raila Odinga was the ‘agent of change’ for our country; the ‘bridge between the old and the new Kenya,” Miguna added.

    He said he was astounded by the manner in which Raila had discarded him and which he described as “callous, inhumane and clearly barbaric.” He attributed his failure to be allocated office space at the PM’s Building last year was due to “mortal fear by the “powermen” from Nyanza” who believed he was becoming “too powerful and influential” due to his proximity to the PM. “They thought that discarding me at the NHIF Building at Upper Hill would dilute the perceived power,” he said adding that the powermen “panicked and resorted to bestiality” when he continued to discharge his functions with diligence and commitment. “So, quite clearly, the PM and those around him simply wanted to “sacrifice” me for parochial, mischevous and malicious political reasons. The PM has acted both dishonourably and disgracefully,” Miguna said.

    Miguna said he had sued the PS in the PM’s office Mohammed Isahakia for issuing the suspension letter and leaking it to the press more than 200 hours before it was delivered to him. He said he had been hired at the same job group as Prof Kivutha Kibwana and Raphael Tuju which is the same job group as the Head of the Civil Service Francis Muthaura. He said his employment was on a fixed term contract which was to last until the end of the coalition government.

    As such, he was entitled to receive all his dues up to the end of the contract unless this was terminated for material breach and other similar serious criminal reasons. He said there was no suspension for the reasons cited by Isahakia. The letter of suspension did not state the duration of the suspension which was contrary to the law and he was not given an opportunity to defend himself over the allegations. “My ‘suspension’ has absolutely nothing to do with the ‘reasons’ that were given in Isahakia’s letter, nor those attributed to Jakoyo Midiwo,” Miguna said adding that the was not an employee of ODM or answerable to ODM or Midiwo who is the party’s chief whip. He says he has courageously opposed corruption at the OPM and vowed to continue his war against the vice alongside others such as mediocrity, tribalism, nepotism and cronyism.

  • RAO worshipers lot need to understand that they are causing more trouble for the PM,if they are not actually speaking for him,they actually continue painting him as an autocrat who cannot be criticized by anyone for whatever reason,so Mr.PM if these lot does not speak for you speak up against their sentiments if you off course want to endear yourself to any non-luo voters!! Especially the Central people (Kikuyus)Kalenjins (RV) Coastpeople and the Somalis who always support Kikuyus(both are corrupt) tribes . Plus other Kenyan tribes who view Raila as a Dictator who would promote Hitler-Like Cult in Kenyas future destiny!Raila cheer-leaders are frightening Kenyans for their blind obediency to the PM.

    Very soon other Presidents aspirants like William Ruto ,Uhuru Kenyatta and the VP Musyoka Kalonzo are busy gathering Political missiles to shoot down Rail Political
    Railas advisors are blinded by their blind worship oftheir Master.

  • When Raila told Luos at a funeral that they should pay rent in towns, someone retorted they were just following the wang’teko [impunity] of Kibaki [illegal occupancy] and the parliamentarians who refuse to pay tax!]
    And here is another joke you wont like from Luoland. There is a cartoon which was being sold: A bus called Raila bus service, destination state-house, with Midiwo as vicious manamba. Miguna is kicked out with the help of assistant manamba Orengo. And a woman, supposedly Ida says: sorry son, can$50 thou does not get you very far in this ride! mwisho wako ni hapa!
    It is not only MM suffering personal attacks on this issue I can assure you! Calm down sir!

  • Otieno Zebadiah Owino

    There Cannot Be Reforms Without Individual Rights Tuesday, 23 August 2011 00:09 BY MIGUNA MIGUNA

    NEW DAWN: President Mwai Kibaki signs the New Constitution which entrenches civil rights. Photo/Chalres Kimani

    Over the past two weeks, many Kenyans have been debating the meaning, place and relevance of the reform movement, particularly in the context of the ongoing constitutional implementation process. Is there a contradiction between personal interests and public interest?

    In email exchanges between my friends, an eminent American jurist – who also happens to be Kenyan – and another friend of mine who was asking me to “go slow” on Raila Odinga, the former stated the following: “In your advice to Miguna you have provoked the classical debate between personal interest vs. public interest. Miguna’s attempt to assert his individual rights as enshrined in the new constitution appears to be personal interest while Raila’s role as ‘the only reformer among the current crop of presidential candidates’ seems to be public interest.

    The fear amongst many Raila supporters seems to be that Miguna’s aggressive assertion of his individual rights may negatively affect Raila’s presidential candidature and therefore a threat to the reform agenda which is public interest numero uno right now.

    Actually this is the insurance that Raila, and the other Luo MPs have against Miguna should he try to make his argument outside the courtroom. They have already projected their game plan against Miguna. They will go to the public and set them against Miguna, accusing him of trying to derail the long-sort Agwambo’s presidency and the Reform Movement depending on the crowd.

    There are two assumptions which complicates the situation for Miguna. One is that individual rights are generally viewed as personal interest. The second assumption is that the majority always support public interest while the minority support personal interest.

    In this instant case, both assumptions are wrong and history is replete with examples where the majority supported personal interest while a very, very small minority supported public interest. This was exactly the case during the early part of the second liberation movement. It has been well established that individual rights is a public interest and Miguna maybe a minority against Raila’s humongous political machinery but actually, Miguna is the one fighting for public interest while the majority who believe they are supporting the public interest of reforms are actually fighting for Raila’s personal interest to become the fourth president of Kenya.

    This is because there cannot be REFORMS without INDIVIDUAL RIGHTS. I think it is very important for Raila supporters to make it clear to him now before he becomes president the value of individual rights in the reform movement and in the way he governs. After he becomes the president, it will be too late and he will be too big and unapproachable because the status quoist will claim him and surround him as soon as he becomes president and the reformist will be on the outside looking in.

    The inhumane removal of Miguna is actually to make room for the status quoists in the inner sanctum should Raila become president.” This was in response to an email from a friend based in Kenya, whose primary intention was to prevent “the disagreement with Raila” from degenerating into “a personal feud, complete with verbal fisticuffs” [sic]. He warned that I would come across as “embittered and unable to move on”. “Perhaps you may argue that an unwarranted attack needs a prompt rebuttal.

    I believe that right now, you are occupying the higher ground-morally speaking. Please stay there. Do not descend to the abyss that the likes of Jakoyo et al occupy. Secondly, while your issues with the PM are driven by principle, the PNU hounds and the G7 hyenas are salivating, waiting to pounce for the kill. They are loving this. Please comrade do not give them that gleeful satisfaction.

    On a broader level, I would be very uncomfortable if Jukwaa metamorphed into an anti-Raila platform. In as much as what happened to you is odious and reprehensible, we cannot ignore the wider politics in the country and in my opinion, Raila Odinga is still firmly in the REFORM camp, despite his inexcusable transgressions against you.

    You know that I am definitely in your corner of my own conscious, voluntary conviction so I hope you will take what I have said above in context and in the spirit in which it was said”, my friend concluded.

    But the question the eminent American jurist asked remains: Is it possible to have reforms without individual rights? Can anyone be said to be an “embodiment of the reform movement” or “firmly on the reform camp” if he abrogates, violates and tramples upon the individual rights and freedoms of others, especially of his most loyal and dedicated fighters? What exactly have the reformers been fighting for all these years if not for the rights and freedoms of each Kenyan to be respected, upheld and protected?

    During the second liberation struggles, many Kenyans were humiliated, brutalised, detained without trial, tortured, exiled and subjected to inhumane and barbaric treatment by the successive regimes of Jomo Kenyatta and Daniel arap Moi. Indeed Raila Odinga and many others served long terms in detention over ‘unfounded allegations’. In one memorable instance, Raila’s wife and children were kicked out of government housing and left homeless; not because of anything they had done, but due to their “connection” to the “dissident”. Those who suffered during that period are now hailed as “heroes” of the second liberation.

    What were we fighting for all those years? Essentially, for the right and freedom to speak, associate and organise without hindrance by the state. We were fighting for a better, freer, fairer, more equal and democratic society. We were fighting for the supremacy of the rule of law and the constitution.

    Many second liberation “heroes” were detained, jailed, tortured or brutalised for long periods merely because they were found drinking together in Nairobi bars. A few were accused of “publishing seditious literature” more tame than my columns in the Star. In other words, the second liberation was first and foremost about individual rights, without which public interest becomes hollow.

    Our individual rights and freedoms – together – is what constitutes public interest. A negation of individual rights, vitiates public interest. If we don’t defend and protect our individual rights today, I can assure you that we will not be able to do so AFTER someone gets into power. Those seeking power must demonstrate today, through action – not mere words – their belief and commitment in fundamental rights and freedoms of EVERYONE.

    I have been writing since I was a teenager. For more than thirty years, I have never, ever stated that anyone – Raila included – is an “embodiment of the reform movement”. No one person can be. I have never, ever praised Raila “beyond his rightful stature”, as one delusional character recently claimed. I challenge anyone to show me evidence of such ridiculous assertions.

    Truth be told, I have been the only person in government raising questions – publicly and privately – over corruption, tribalism, nepotism, incompetence and cronyism in government, including at the PM’s Office. I raised questions over the maize, Triton and Grand Regency scandals, among others. I did so over the irregular “amnesty” by KACC to Mohamed Isahakia, the PM’s PS, regarding public assets he grabbed from Woodley estate in Nairobi more than 19 years ago. I have raised the red flag over numerous other shaddy deals. These are matters of public record! Indeed, many will confirm that the PM removed me from the Green Joint Secretariat during the referendum because I opposed the looting and mismanagement of more than Sh1.25 billion of public funds by both sides of the coalition. This matter is currently in court, pending resolution.

    Apart from Salim Lone (who was also edged out two years ago), I have been the only senior member at the PM’s office and think tank who has been consistently raising questions over graft, inefficiencies, disorganisation and dysfunction at the PM’s office and in the management of grand coalition affairs. Again, these are on record. For me, the struggle against bad governance did not start yesterday. Nor will it end until we institute proper governance structures, laws and culture.

    Miguna is a Barrister and Solicitor in Ontario, Canada.

  • Miguna is a true fighter that does not mince words. He says it as it is. This is how it should be among our lying political leaders

  • Miguna back as PM’s advisor

    By Roseleen Nzioka

    Former Prime Minister Raila Odinga’s key aide Miguna Miguna has resumed his role of Advisor to the Prime Minister with immediate effect.

    According to a statement sent by Caroli Omondi, Chief of Staff to the Prime Minister, investigations into allegations of misconduct against Mr Miguna have now been completed.

    “Consequently, I have the honour to convey the decision of the Rt. Hon. Raila A. Odinga, EGH MP Prime Minister of the Republic of Kenya to lift the suspension of Mr Miguna Miguna from his duties,” Omondi said.

    Omondi said consequently Miguna would be paid his outstanding salary and allowances in full.

    “All pending judicial proceedings on this matter stand, subject to the necessary notification to the courts, terminated forthwith,” Omondi said in the statement released on Wednesday.

    Miguna was suspended on August 4, this year for alleged refusal to sign Local Agreement Forms, harassment, intimidation and use of abusive language to colleagues and misrepresentation of the PM’s office.

    He sued the PS in the Prime Minister’s office and the Attorney General claiming he had not been served with a warning letter detailing the particulars of the allegations and according him a fair and adequate opportunity to respond.

    Lost case

    Miguna had lost the fight to have his suspension overturned by the High Court in mid December.

    Miguna, a lawyer, learned that he was not a civil servant but a political appointee in the PM’s office. His appointment as Raila’s advisor on coalition matters could thus be terminated without reference to the Public Service Commission (PSC) regulations.

    Apparently Miguna had misapprehended the procedure used to hire him. President Kibaki appointed him on March 6, 2009, through a letter signed by Head of Public Service Francis Muthaura for a three-year contract.

    He was then attached to the Secretariat for the Cabinet Committee on Coalition coordination in Raila’s office.

    His lawyer Nelson Havi had argued that Miguna was a public officer in the rank of a PS duly appointed by the President and was entitled to a monthly salary, allowances and benefits.

    He said the PSC regulations required that he could only be suspended if convicted of a serious crime or if there were pending proceedings for his dismissal.

    He applied for orders quashing the suspension, prohibiting the PS from suspending his salary and allowances and compelling him to pay the money.

    The State argued that Miguna was not a public servant but had been appointed by the President under section 107(4e) of the old constitution.

    The PSC confirmed that he was indeed Raila’s personal staff and not a civil servant. His reliance on the PSC regulations was thus based on misunderstanding of the law, the State submitted.

    High Court Judge Mohamed Warsame concurred ruling that Miguna was correctly and clearly appointed by the President and was Raila’s personal staff. “His position was a political position which could be terminated or abolished any time, depending on circumstances,” the judge ruled.

    The court directed that Miguna’s disciplinary proceedings be concluded by December 30, this year.

  • Most Kenyans don’t care about Communists,Socialists blah blah blah blah, all we want is change be it from RAO or any other person.

  • Letter to the Prime Minister:

    Barrister . Solicitor . Advocate . ADR Consultant
    P.O. Box 1522-00621

    31 December 2011

    The Rt. Hon. Raila Amolo Odinga, EGH, MP
    Prime Minister of the Republic of Kenya
    Prime Minister’s Building
    P.O. Box 74434-00200

    Dear Sir,


    Further to our three-hour meeting at the Serena Hotel, in Nairobi, on Tuesday, December 27th, 2011, regarding the subject of reference, at the conclusion of which you and I arrived at a mutual, unanimous and good faith agreement that you would issue both a statement and letter containing four items, viz :

    1. That the suspension of Mr. Miguna Miguna, the Prime Minister’s Advisor on Coalition Affairs, be rescinded, unconditionally, with immediate effect, since it was determined that all the allegations against him were unfounded;

    2. That Mr. Miguna is hereby ordered reinstated, forthwith;

    3. That all arrears, emoluments and accrued interests owed to Mr. Miguna, be paid to him, forthwith; and

    4. Upon resumption of duty, Mr. Miguna would be reporting DIRECTLY to the Prime Minister.

    Sir, as you recall, we agreed that because you were departing for a ten-day trip to India, you would give instructions for both the letter and a Press Release containing four items agreed on, above, to be issued the same day. In fact, we prepared an agreed draft statement, a copy of which you were to provide to your staff so as to ensure that the subsequent statement and letter would accurately reflect, in letter and spirit, the said good faith agreement, which was duly witnessed by our mutual friend.

    Mr. Omondi subsequently issued a Press Statement the following day, Wednesday December 28th, 2011, in which he only partially captured the terms of the agreement, and curiously, inserted a condition pertaining to the withdrawal of pending court cases, which was never a subject of our discussion, was not agreement on, and was not to be included in any statement.

    At about 5:30 p.m. on December 28th, 2011, I received a letter dated December 27th, 2011, signed by Abdul Mwasera, for “Permanent Secretary.” Regrettably, the letter did not contain any of the four items we had agreed on. Not only was Mwasera’s letter totally at variance with the terms of our agreement; it also dramatically contradicted, and was inconsistent with, Caroli’s statement to the press.

    In point of fact, the letter negated each and every item of our agreement. After careful review and analysis of both Caroli’s statement to the press and Mr. Mwasera’s letter, I have concluded that the letter, though titled “reinstatement,” is actually not a reinstatement letter, but a “warning” and a “disciplinary” letter.

    Besides, Mr. Mwasera’s letter makes reference to alleged findings of “investigations,” yet no report pertaining to any investigations was enclosed therein. In addition, Mr. Mwasera’s letter asserts: “Please note that before resumption of duty, you are required to withdraw any pending court case(s) as regards the matter.”

    Sir, the Constitution gives everyone, including state and public officers – even judges – inherent rights to seek judicial intervention in the event of a dispute, whether such dispute is with respect to labour, employment, contractual, or any other legal issues between parties. If such cases were to be resolved, negotiations would occur within the context of the principles of law, and counsel representing parties would be involved. That was not the case concerning our informal meeting on December 27th.

    Further, the letter states that upon my reinstatement, I would be required to “sign Local Agreement form G.P. 106 (Revised) before resumption of duty.” Again, Sir, this was not discussed or agreed on. I have been working for the Government of Kenya since March 6, 2009 without having signed the “local agreement”, due to reasons well known to you. As well, there is a matter pending before the Industrial Court, regarding this issue. Once more, there are well established mechanisms of settling ongoing cases, which would have to be adhered to. I am not prepared to, and will not, waive my legal and constitutional rights regarding this, or any other matters. In any event, we never discussed the issue of signing any “local agreement” forms, and no such issue was to form part of the reinstatement exercise.

    Upon receipt of Mr. Mwasera’s letter, I sent an email to Caroli Omondi, pointing out the above noted infra_ctions and indicated that I needed Mr. Mwasera’s letter formally withdrawn and replaced with a fresh one containing all the itemized terms we had agreed on, by latest December 30th, 2011. Mr. Omondi also received a short text message concerning the matter. I subsequently sent you a short text message, and copied it to Mr. Omondi, on the same. To date, I have not had the courtesy of any response, either to my letter or to the short text messages.

    Evidently, Mr. Mwasera’s letter does not conform – in tone, form or content – with both the spirit and letter of the mutual agreement you and I entered into on Tuesday, December 27th, 2011. Indeed, it is a deliberate and clear misrepresentation of our good faith agreement, which was evidenced in writing, and witnessed by the mutual friend. We had agreed, further, that in your absence, I was to only deal with Caroli on this matter.

    As we both acknowledged during our Tuesday meeting, no investigations have been conducted over the unfounded allegations against me. I have not been advised of any investigations, nor was an independent investigator or investigators appointed to deal with the matter; neither have I been invited to present my full and complete answer to the allegations, as required by law and the principle of natural justice. As well, we both acknowledged that there has been no process – credible or not credible – established to determine the validity of the allegations, and I have never been invited to attend before any such process, as required by law.

    Sir, I take great exception to the casual, inappropriate and unprofessional manner your office has handled this important matter. As I indicated to you during our meeting, I believe that the continued refusal to release my personal effects to me and to pay the emoluments that I am at law entitled to, constitutes malice aforethought. May I have all my personal effects, arrears and emoluments delivered to me immediately?

    Accordingly, I regret to inform you that, in view of the serious and arbitrary departures from the terms of our good faith agreement, I cannot accept the terms of reinstatement as contained in Mr. Mwasera’s letter.

    Yours very truly,



    Issued by Miguna Miguna,

    This 31st day of December, at the City of Nairobi, Kenya

    Ladies and Gentlemen,

    Fellow Kenyans,

    When I get involved in negotiations and conclude a deal – any deal – legal, personal, political or professional – I make sure that there are simple, clear and mutually understood ground rules, guidelines and principles, and that all parties involved, must undertake and solemnly promise, in good faith, before the commencement of such negotiations and after their completion, to be bound by all the terms and conditions of the final agreement, and to honour, respect and fully and honestly discharge all their undertakings, as prescribed in the agreement.

    On Wednesday, December 28th, 2011, I promised the country that following the decision by the Rt. Hon. Raila Amolo Odinga, EGH, MP, Prime of the Republic of Kenya, to unconditionally rescind my suspension he had announced on 4 August 2011, and to order, with immediate effect, my reinstatement, as his Advisor on Coalition Affairs and Joint Secretary to the Permanent Committee on the Management of Grand Coalition Affairs, I would take my time, to analyse, digest and fully understand that decision before I could comment further.

    I am not prone to intemperate, precipitous or exuberant decisions and declarations. Before making any decision – big, small, personal, legal, political or professional – I always spend a considerable amount of time to consult, analyze and carefully reflect on all aspects of the decision, issues, circumstances and implications. I cross all the Ts and dot all the Is.

    And once I have made my decisions, I stick with them, come rain or high water. That’s because I am a strong believer and practitioner of the principles of honour, integrity, the rule of law and constitutionalism.

    On Tuesday, December 27, 2011, from about 12:15 p.m. to 3:15 p.m. – a whole three hours – the Prime Minister and I met, in the presence of a mutual friend, at the Serena Hotel, in the City of Nairobi. It was the Prime Minister who called me, personally, and requested for the meeting.

    We had a courteous, respectful, dignified, cordial and professional meeting, which when it concluded, we – the two of us, alone – unanimously agreed, in good faith, that the Prime Minister would make the following announcement, that day, personally or through his office, before he traveled to India.

    The agreement was in writing, and was witnessed by the mutual friend. It was to be unconditional and to be implemented immediately without any delay whatsoever. Both the Press Statement and letter of reinstatement were to contain the following terms:

    1. That the suspension of Mr. Miguna Miguna, the Prime Minister’s Advisor on Coalition Affairs, be rescinded, unconditionally, with immediate effect, since it was determined that all the allegations against him were unfounded;

    2. That Mr. Miguna is hereby ordered reinstated, forthwith;

    3. That all arrears, emoluments and accrued interests owed to Mr. Miguna, be paid to him, forthwith; and

    4. Upon resumption of duty, Mr. Miguna would be reporting DIRECTLY to the Prime Minister.

    We agreed that I would approve – as to form, nature and content – all statements and/or letters that would be issued with respect to this matter.

    There were no other terms or conditions the Prime Minister and I agreed on, apart from the four items above.

    Following the issuance, by the Prime Minister, of a Press Statement, that day, containing all the terms of the agreement, the Prime Minister was to immediately ensure that a letter containing the four terms agreed on, would be delivered to me, forthwith, and all the terms therein, honoured fully, without any delay whatsoever.

    Unfortunately, the statement that was released by one Caroli Omondi, on behalf of the Prime Minister, on December 28th, 2011 – twenty-four hours after our agreement – did not, accurately, reflect and adhere to the terms of our agreement.

    But even more egregiously, when I received a letter from the Office of the Prime Minister, signed by a junior officer on behalf of the Permanent Secretary, at 5:30 p.m. on 28 December 2011, but which was dated 27 December 2011, the form, content and tone was totally at variance with the agreement the Prime Minister and I had entered into, in good faith. The letter was also inconsistent and contradicted the Press Statement released by Mr. Omondi.

    At about 5:30 p.m. on 28 December 2011, I formally communicated to Mr. Omondi and the Prime Minister, in writing, electronically – twice – and indicated that both the Press Statement and the so-called letter of reinstatement, failed to communicate the terms of our agreement, as the Prime Minister had undertaken to do. I requested that the so-called reinstatement letter dated 27 December 2011 be withdrawn, formally, and a fresh one containing all the terms the Prime Minister and I had agreed on, in good faith, be issued, on or before 30 December 2011.

    Unfortunately, as of the time of this Press Conference, my letters, and subsequent short text messages to both Mr. Omondi and to the Prime Minister, have not been responded to, though they were clearly received, as Mr. Omondi had confirmed receipt to the mutual friend of the Prime Minister and I.

    In view of the foregoing, and conscious of my responsibilities as a Kenyan who believes in honour, good faith, the rule of law and principles of good governance and constitutionalism, I hereby announce that by a letter dated today’s date and delivered to the Prime Minister already, I have declined to accept the decision to reinstate me, on terms and conditions contained in the letter by one Abdul Mwasera, dated 27 December 2011. A copy of my letter to the Prime Minister and that of Mr. Mwasera, are attached, herewith.

    We must develop and entrench both a culture and practice of honouring our words, respecting deals we make, and adhering to the principles of good governance, rule of law and constitutionalism.

    I will not take questions.

    I thank you.


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