Kenyan Learned Friends Shade More Light on Miguna Miguna’s Rights

From Ken Odongo

RE: MIGUNA MIGUNA VS THE KENYAN GOVERNMENT/KENYAN PEOPLE

A CASE OF HISTORICAL STRUGGLE FOR RESPECT OF THE RULE OF LAW-The struggle we must all support.

I will begin this article by the provisions of the law so we move on with uniformity as we avoid rumours.

What the law is saying on his rights,

(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.

(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms.

(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, CONSCIENCE, belief, culture, dress, language or birth.

(6)Every person has the right to freedom and security of the person, which includes the right not to be–
(a) deprived of freedom arbitrarily or without just cause;
(b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58;
(c) subjected to any form of violence from either public or private sources;
(d) subjected to torture in any manner, whether physical or psychological;
(e) subjected to corporal punishment; or
(f) treated or punished in a cruel, inhuman or degrading manner.

What the law is saying on his citizenship,

According to the new constitution, anyone holding citizenship of another country is automatically recognized as a citizen of Kenya by birth, so long as they are able to prove that one or both of their parents is/was a Kenyan citizen at the time of their birth (e.g. by presenting the parent’s/parents’ national ID card(s) or passport(s) ).

What the law is saying about the limitations of his rights,

(3) The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied.

The question here is whether the government is acting within the LAW on Miguna’s case or not. And your answer to this is as good as you choose to understand.

https://malimwengu.co.ke/miguna-miguna-remains-unbowed/

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