Plaint Against The Republic of Kenya, 2019

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI

COURT FILE NO. 163 OF 2019
-BETWEEN-
MIGUNA MIGUNA……..............................................................................................PLAINTIFF
-VERSUS-
ATTORNEY GENERAL OF THE REPUBLIC OF KENYA…….…….....1ST DEFENDANT

CABINET SECRETARY, MINISTRY OF INTERIOR AND COORDINATION OF
NATIONAL GOVERNMENT…………………………………………..….2nd DEFENDANT
PRINCIPAL SECRETARY, DEPARTMENT OF IMMIGRATION AND
REGISTRATION OF PERSONS……………………………………….......3rd DEFENDANT
THE INSPECTOR GENERAL OF KENYA NATIONAL POLICE
SERVICE……………………………………………...……………..………...4th DEFENDANT
DIRECTOR OF CRIMINAL INVESTIGATIONS.…...…….……..……..5th DEFENDANT
DIRECTOR OF PUBLIC PROSECUTIONS……………….………..……6th DEFENDANT
DIRECTOR OF IMMIGRATION AND REGISTRATION OF
PERSONS…………………………………...……………….……..............…7th DEFENDANT
OFFICER IN CHARGE OF THE FLYING SQUAD, KENYA POLICE
SERVICE……………………………………………...……….......……...…...8th DEFENDANT
OFFICER COMMANDING POLICE STATION AT GITHUNGURI...9th DEFENDANT
THE OFFICER COMMANDING POLICE STATION AT LARI..........10th DEFENDANT
THE OFFICER COMMANDING POLICE STATION AT
THE INLAND CONTAINER DEPOT……………..………………...….11TH DEFENDANT
THE OFFICER COMMANDING POLICE STATION AT
THE JOMO KENYATTA INTERNATIONAL AIRPORT…..............…12th DEFENDANT
CABINET SECRETARY, MINISTRY OF TRANSPORT,
INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT....13th DEFENDANT
PRINCIPAL SECRETARY FOR TRANSPORT
AND INFRASTRUCTURE, ……………………………………….………14th DEFENDANT
FRED OKENGO MATIANG’I…………………………….……..........…..15th DEFENDANT
PAUL KIHARA KARIUKI……………………………………......….....….16th DEFENDANT
GORDON KIHALANGWA……………………...……………….......…...17th DEFENDANT
JOSEPH BOINETT OR JOSEPH BOINNET…………………..…..….…18th DEFENDANT
GEORGE KINOTI……………………………………………………....…..19th DEFENDANT
SAID KIPROTICH…………………………………...………..…….......….20th DEFENDANT
JOSEPH MUNYWOKI……………………………………………..…....….21st DEFENDANT
ALEXANDER MUTESHI………………………………………….…...….22nd DEFENDANT
JAMES MACHARIA………………………………………………..….…..23rd DEFENDANT
PAUL MWANGI MARINGA…………………………………….…..…...24th DEFENDANT
JAPHETH KOOME…………………………………………………………25th DEFENDANT
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INTERESTED PARTIES
THE NATIONAL COMMISSION ON HUMAN RIGHTS…1ST INTERESTED PARTY

THE LAW SOCIETY OF KENYA………………………….…...2ND INTERESTED PARTY
PLAINT
1. The Plaintiff is a male adult of sound mind residing and working for gain in Nairobi, Kenya
and Toronto, Canada. The Plaintiff was at all material times a Kenyan citizen ordinarily
residing in Nairobi City County within the Republic of Kenya; an advocate of the High
Court of Kenya, a Barrister and Solicitor in Ontario, Canada, a published author and a
certified mediator who once served as a senior advisor to the former Prime Minister of the
Republic of Kenya. At all material times, the Plaintiff was in forced exile in Canada
following unlawful destruction of his property, abductions, physical assaults, arrests,
detentions, torture and forceful removals from Kenya by the Defendants despite numerous
court orders that had directed the defendants to release the Plaintiff, return his passport and
other identification documents, facilitate his return to Kenya, uphold and respect the
Plaintiff’s rights and fundamental freedoms and to protect all his rights including but not
limited to the enjoyment of all his birth, citizenship, constitutional, legal and human rights.
The Plaintiff’s address of service for purposes of this suit shall be of: Miguna Miguna &
Company Advocates, 486 Runda Meadows, P.O. Box 1522-00621, Nairobi.
2. The 1st Defendant, Attorney General of the Republic of Kenya (“Attorney General”),
was at all material times, a public office established pursuant to the Constitution of Kenya,
2010, for purposes of providing principal legal advice to the national government of the
Republic of Kenya and had the sole responsibility to represent the national government in
court or in any other legal proceedings to which the national government, ministry,
department, office or officer was a party. The Attorney General was at all material the
government officer with the ultimate responsibility for the Plaintiff’s unlawful arrest,
detention, torture, unlawful removals from Kenya, malicious prosecution of the Plaintiff
and failure to obey numerous valid court orders that the Courts issued in his favour and
against various government ministries, departments and/or officers including against the
Attorney General himself.
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3. The 2nd Defendant, Cabinet Secretary, Ministry of Interior and Coordination of
National Government (“CS Interior”), was at all material times, the public office and the
senior most government officer in charge of national security, national police service,
criminal investigations, the directorate of immigration and registrations of persons, all
police and immigration officers as well as all police stations in Kenya. The CS Interior was,
at all material times, the government office and officer directly responsible for the unlawful
seizure, confiscation, destruction and/or theft of the Plaintiff’s properties; the unlawful
abduction of the Plaintiff; the unlawful search, seizure, arrest and confinement of the
Plaintiff; the unlawful physical assault and battery of the Plaintiff; the torture of the
Plaintiff; the malicious prosecution of the Plaintiff; the unlawful application or injection of
noxious substances and sedation of the Plaintiff; the Plaintiff’s forceful and unlawful
removals from Kenya; the denial of constitutional, legal and human rights of the Plaintiff;
the disobedience of multiple court orders; and the infliction of physical, emotional and
mental harm, anguish and trauma on the Plaintiff.
4. The 3rd Defendant, Principal Secretary of the Directorate of Immigration and

Registrations of Persons, was at all material times, the government office or department
and senior officer directly responsible for the unlawful seizure, confiscation and destruction
of the Plaintiff’s Kenyan Passport; the Plaintiff’s unlawful abduction; the Plaintiff’s
unlawful arrest; the Plaintiff’s unlawful search and seizure; the Plaintiff’s unlawful physical
assault and battery; the Plaintiff’s torture; the malicious prosecution of the Plaintiff; the
unlawful application or injection of noxious substances and sedation of the Plaintiff; the
repeated publication of material falsehoods and defamatory statements about the Plaintiff;
the Plaintiff’s forceful and unlawful removals from Kenya; the disobedience of multiple
court orders; and the infliction of physical, emotional and mental harm, anguish and trauma
on the Plaintiff.
5. The 4th Defendant, Inspector General of the Kenya National Police Service (“IG”), was
at all material times, the government office or department and senior officer directly
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responsible for the unlawful destruction of the Plaintiff’s house; the unlawful search and
seizure of the Plaintiff; the unlawful seizure, confiscation and destruction of the Plaintiff’s
Kenyan Passport and other properties; the Plaintiff’s unlawful abduction; the Plaintiff’s
unlawful arrest; the Plaintiff’s unlawful assault and battery; the Plaintiff’s torture; the
malicious prosecution of the Plaintiff; the unlawful application or injection of noxious
substances and sedation of the Plaintiff; the repeated publication of material falsehoods and
defamatory statements about the Plaintiff; the Plaintiff’s forceful and unlawful removals
from Kenya; the disobedience of multiple court orders; and the infliction of physical,
emotional and mental harm, anguish and trauma on the Plaintiff.
6. The 5th Defendant, Director of Criminal Investigations (“DCI”), was at all material
times, the government office or department and senior officer directly responsible for
criminal investigations in Kenya; the unlawful destruction of the Plaintiff’s house; the
unlawful search and seizure of the Plaintiff; the unlawful seizure, confiscation and
destruction of the Plaintiff’s Kenyan Passport and other properties; the Plaintiff’s unlawful
abduction; the Plaintiff’s unlawful arrest; the Plaintiff’s unlawful assault and battery; the
Plaintiff’s torture; the malicious prosecution of the Plaintiff; the negligent investigations of
the allegations against the Plaintiff; the unlawful application or injection of noxious
substances and sedation of the Plaintiff; the repeated publication of material falsehoods and
defamatory statements about the Plaintiff; the Plaintiff’s forceful removals from Kenya; the
disobedience of multiple court orders; and the infliction of physical, emotional and mental
harm, anguish and trauma on the Plaintiff.
7. The 6th Defendant, Director of Public Prosecutions (“DPP”), was at all material times,
the government office and senior officer directly responsible for the initiation and
continuation of malicious criminal proceedings against the Plaintiff; the negligent
investigations of the allegations against the Plaintiff; the unlawful destruction of the
Plaintiff’s house; the unlawful search and seizure of the Plaintiff; the unlawful seizure,
confiscation and destruction of the Plaintiff’s Kenyan Passport and other properties; the
Plaintiff’s unlawful abduction; the Plaintiff’s unlawful arrest; the Plaintiff’s unlawful
physical assault and battery; the Plaintiff’s torture; the unlawful application or injection of
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noxious substances and sedation of the Plaintiff; the Plaintiff’s forceful and unlawful
removals from Kenya; the failure to discontinue or terminate the criminal proceedings
against the Plaintiff; the repeated publication of material falsehoods and defamatory
statements about the Plaintiff; the disobedience of multiple court orders; and the infliction
of physical, emotional and mental harm, anguish and trauma on the Plaintiff.
8. The 7th Defendant, Director of Immigration and Registration of Persons, was at all
material times, the government office and senior officer directly responsible for the
processing, issuance, and the unlawful confiscation, seizure and destruction of the
Plaintiff’s valid Kenyan Passport and other properties; the unlawful initiation and
continuation of malicious criminal proceedings against the Plaintiff; the negligent
investigations of the allegations against the Plaintiff; the unlawful destruction of the
Plaintiff’s house; the unlawful search and seizure of the Plaintiff; the Plaintiff’s unlawful
abduction; the Plaintiff’s unlawful arrest; the Plaintiff’s unlawful physical assault and
battery; the Plaintiff’s torture; the application or injection of noxious substances and
sedation of the Plaintiff; the Plaintiff’s forceful removals from Kenya; the failure to
discontinue or terminate the criminal proceedings against the Plaintiff; the repeated
publication of material falsehoods and defamatory statements about the Plaintiff; the
9. The 8th Defendant, Officer In-Charge of the Flying Squad, National Police Service,
was at all material times, the senior police officer directly responsible for the processing,
unlawful destruction of the Plaintiff’s house and properties; the unlawful confiscation,
seizure and destruction of the Plaintiff’s valid Kenyan Passport and other properties; the
unlawful search and seizure of the Plaintiff; the Plaintiff’s unlawful abduction; the
Plaintiff’s unlawful arrest; the Plaintiff’s unlawful physical assault and battery; the
Plaintiff’s torture; the application or injection of noxious substances and sedation of the
Plaintiff; the Plaintiff’s forceful and unlawful removals from Kenya; the repeated
publication of material falsehoods and defamatory statements about the Plaintiff; the
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10. The 9th Defendant, Officer Commanding Police Station at Githunguri, was at all
material times, the senior police officer directly responsible for the unlawful detention or
confinement, torture and disobedience of court orders concerning the Plaintiff on or about
February 2, 2018.
11. The 10th Defendant, Officer Commanding Police Station at Lari, was at all material
times, the senior police officer directly responsible for the unlawful detention or
confinement; torture; physical, mental, psychological and emotional stress and trauma; and
disobedience of court orders concerning the Plaintiff on or about February 2, 3, 4 and 6,
2018.
12. The 11th Defendant, Officer Commanding Police Station at Inland Container Depot,
was at all material times, the senior police officer directly responsible for the unlawful
detention or confinement; torture; physical, mental, psychological and emotional stress and
trauma; and disobedience of court orders concerning the Plaintiff on or about February 5
and 6, 2018.
13. The 12th Defendant, Officer Commanding Police Station at the Jomo Kenyatta
International Airport (OCPD of JKIA), was at all material times, the senior police officer
directly responsible for the unlawful detention or confinement; torture; physical, mental,
psychological and emotional stress and trauma; unlawful sedation; and disobedience of
court orders concerning the Plaintiff on or about February 5 and 6, 2018.
14. The 13th Defendant, Cabinet Secretary of Transport, Infrastructure, Housing and
Urban Development, was at all material times the senior government officer in charge of
and responsible for the policies and operations at the JKIA and Kenya Airport Authority
(KAA) and therefore ordered, oversaw and/or carried out the Plaintiff’s unlawful detention;
unlawful confinement; physical assault; mental assault; psychological assault; emotional
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assault; battery; torture; unlawful application of noxious substances and sedation; unlawful
search and seizure; unlawful confiscation of personal property; denial of basic human rights
and fundamental freedoms; libel and defamation; multiple disobedience of valid court
orders; and unlawful and forceful and unlawful removal from Kenya on February 6, 2018
and March 28, 2018, respectively.
15. The 14th Defendant, Principal Secretary for Transport and Infrastructure, was at all
material times the senior government officer responsible for the operations at the JKIA and
Kenya Airport Authority (KAA) and therefore ordered, oversaw and/or carried out the
Plaintiff’s unlawful detention; unlawful confinement; physical assault; mental assault;
psychological assault; emotional assault; battery; torture; unlawful application of noxious
substances and sedation; unlawful search and seizure; unlawful confiscation of personal
property; denial of basic human rights and fundamental freedoms; libel and defamation;
multiple disobedience of valid court orders; and unlawful and forceful and unlawful
removal from Kenya on February 6, 2018 and March 28, 2018, respectively.
16. The 15th Defendant, Fred Okengo Matiang’i (“Matiang’i”), was at all material times, the
cabinet secretary in charge of national security, national police service, criminal
investigations, the directorate of immigration and registrations of persons, all police and
immigration officers as well as all police stations in Kenya.
17. The Defendant Matiang’i abused his office, power and authority and ordered the unlawful
and unconstitutional seizure, confiscation, destruction and/or theft of the Plaintiff’s
properties; the unlawful abduction of the Plaintiff; the unlawful search, seizure, arrest and
confinement of the Plaintiff; the unlawful physical assault and battery of the Plaintiff; the
torture of the Plaintiff; the malicious prosecution of the Plaintiff; the unlawful application
or injection of noxious substances and sedation of the Plaintiff; the Plaintiff’s forceful and
unlawful removal from Kenya on February 6, 2018 and March 28, 2018, respectively; the
denial of constitutional, legal and human rights of the Plaintiff; he flagrantly disobeyed
multiple court orders; and he inflicted mental, physical, emotional and mental harm,
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anguish and trauma on the Plaintiff.
18. The 16th Defendant, Paul Kihara Kariuki (“Kariuki”), was at all material times, the
Attorney General of Kenya, the chief legal officer and adviser for the Government of
Kenya with the duty and responsibility to represent the Government of Kenya and all its
ministries, departments and offers and was consequently the person in charge of national
security, national police service, criminal investigations, the directorate of immigration and
registrations of persons, all police and immigration officers as well as all police stations in
Kenya, the violations against the Plaintiff and the disobedience of all the court orders.
19. The 17th Defendant, Gordon Kihalangwa (“Kihalangwa”), was at all material times either
the director of immigration and registration of persons or the principal secretary responsible
for immigration and registration of persons who authorised and oversaw the unlawful
seizure, confiscation and destruction of the Plaintiff’s Kenyan passport; the unlawful
seizure and search of the Plaintiff; the unlawful arrest and detention of the Plaintiff;
unlawful physical assault; battery; torture; malicious prosecution; and unlawful removal
and the unlawful removal of the Plaintiff from Kenya on February 6, 2018 and March 28,
2018, respectively.
20. The Defendant Kihalangwa abused his office, power and authority and ordered the
unlawful and unconstitutional seizure, confiscation, destruction and/or theft of the
Plaintiff’s properties; the unlawful abduction of the Plaintiff; the unlawful search, seizure,
arrest and confinement of the Plaintiff; the unlawful physical assault and battery of the
Plaintiff; the torture of the Plaintiff; the malicious prosecution of the Plaintiff; the unlawful
application or injection of noxious substances and sedation of the Plaintiff; the Plaintiff’s
forceful removals from Kenya; the denial of constitutional, legal and human rights of the
Plaintiff; he flagrantly disobeyed multiple court orders; and he inflicted mental, physical,
emotional and mental harm, anguish and trauma on the Plaintiff.
21. The 18th Defendant, Joseph Boinett or Joseph Boinnet (“Boinett”), was at all material
times the Inspector General of the Kenya National Police Service who had the overall
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policy and operational leadership of all the Kenya National Police officers including but not
limited to members of the Directorate of Criminal Investigations (DCI), Flying Squad,
Regular Police, Administration Police and General Service Unit officers.
22. The Defendant Boinett authorised and oversaw the unlawful seizure and destruction of the
Plaintiff’s house in Nairobi; the unlawful seizure, confiscation and destruction of the
Plaintiff’s Kenyan passport; the unlawful seizure and search of the Plaintiff; the unlawful
search of the Plaintiff; the unlawful arrest and detention of the Plaintiff; unlawful physical
assault; battery; torture; malicious prosecution; unlawful application of noxious substances
and sedation; and unlawful removal of the Plaintiff from Kenya on February 6, 2018 and
March 28, 2018, respectively.
23. The 19th Defendant, George Kinoti (“Kinoti”), was at all material times the Director of
Criminal Investigations (DCI) in the Republic of Kenya who had the overall policy and
operational leadership of all investigations, arrests and arrests relating to alleged criminals
in Kenya.
24. The Defendant Kinoti authorised and oversaw the unlawful and fraudulent requisition and
obtaining of a search warrant on or about February 2, 2018; the fraudulent obtaining of an
arrest warrant on or about February 2, 2018; the unlawful seizure and destruction of the
and sedation; and unlawful removal of the Plaintiff from Kenya on February 6, 2018 and
March 28, 2018, respectively.
25. The 20th Defendant, Said Kiprotich (“Kiprotich”), was at all material times the head of
the Flying Squad Unit of the Kenya Police who unlawfully invaded the home of the
Plaintiff and destroyed it on February 2, 2018.
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26. The Defendant Kiprotich oversaw and supervised the unlawful and fraudulent requisition
and obtaining of a search warrant on or about February 2, 2018; the fraudulent obtaining of
an arrest warrant on or about February 2, 2018; the unlawful execution of the fraudulent
search warrant at the Plaintiff’s home; the unlawful seizure and destruction of the
and sedation; the unlawful withholding of the search warrant and failure to tender it to the
High Court as prescribed; and unlawful removal of the Plaintiff from Kenya on February 6,
2018 and March 28, 2018, respectively.
27. The 21st Defendant, Joseph Munywoki (“Munywoki”) was at all material times the acting
and substantive director for immigration and registration of persons who replaced the
Defendant Kihalangwa and continued with the violations of the Plaintiff’s rights and
fundamental freedoms pleaded herein.
28. The Defendant Munywoki was at all material times the deputy director for immigration and
registration of persons who replaced the Defendant Kihalangwa in an acting capacity and
continued with the violations of the Plaintiff’s rights and fundamental freedoms pleaded
herein between February 2018 to July 2018. The Defendant Munywoki also uttered and
published numerous false and defamatory statements about the Plaintiff at all material
times.
29. The 22nd Defendant, Alexander Muteshi (“Muteshi”) was at all material times the
director for immigration and registration of persons who replaced the Defendant
Kihalangwa in July 2018 and continued with the violations of the Plaintiff’s rights and
fundamental freedoms pleaded herein. The Defendant Muteshi also uttered and published
numerous false and defamatory statements about the Plaintiff at all material times.
30. The 23rd Defendant James Macharia (“Macharia”) was at all material times the Cabinet
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Secretary for the Ministry of transport, infrastructure, housing and urban development and
as such was the line ministry responsible for or vicariously responsible for the operations
and violations committed against the Plaintiff by the KAA and all its employees and agents.
31. The Defendant Macharia published false and defamatory statements about the Plaintiff,
referred to him as a criminal, a dishonest and reckless man and alleged, falsely, that the
Plaintiff had “switched” his passports at the JKIA on or about March 26, 2018 when he
knew that the allegations were not true but were conjured up by him and others in order to
lower the Plaintiff’s esteem, name and character in the estimation of right thinking
individuals in the society.
32. The 24th Defendant, Paul Mwangi Maringa (“Maringa”) was at all material times the
Principal Secretary for the department of transport and infrastructure in the Ministry of
transport, infrastructure, housing and urban development and as such was the line ministry
responsible for or vicariously responsible for the operations and violations committed
against the Plaintiff by the KAA and all its employees and agents.
33. The 25th Defendant, Japheth Koome (“Koome”) was at all material times the senior
Kenya National Police Service Officer responsible for Nairobi who was in charge of the
operations and conspiracies to assassinate, abduct, detain, torture, batter, assault and
maliciously prosecute the Plaintiff between 2017 and 2018.
INTERESTED PARTIES
34. The 1st Interested Party, the Kenya National Commission for Human Rights (“KNCHR”),
was at all material times, an independent constitutional body with the mandate to:
(a) to promote respect for human rights and develop a culture of human rights in the Republic
of Kenya;
(c) to promote the protection, and observance of human rights in public and private
institutions;
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(d) to monitor, investigate and report on the observance of human rights in all spheres of life in
the Republic, including observance by the national security organs;
(e) to receive and investigate complaints about alleged abuses of human rights and take steps
to secure appropriate redress where human rights have been violated;
(f) on its own initiative or on the basis of complaints, to investigate or research a matter in
respect of human rights, and make recommendations to improve the functioning of State
organs;
(g) to act as the principal organ of the State in ensuring compliance with obligations under
treaties and conventions relating to human rights;
(h) to investigate any conduct in state affairs, or any act or omission in public administration in
any sphere of government, that is alleged or suspected to be prejudicial or improper or to
result (sic) in any impropriety or prejudice;
(i) to investigate complaints of abuse of power, unfair treatment, manifest injustice or

unlawful, oppressive, unfair or unresponsive official conduct; and
(j) to report on complaints investigated under paragraphs (h) and (i) and take remedial action;
35. The 2nd Interested Party, Law Society of Kenya (“LSK”) was at all material times a
statutory body or organ mandated with the training, licensing and regulating advocates in
the Republic Kenya. The LSK’s mandate also includes ensuring that the rule of law, the
independence of the judiciary, democracy, respect for human rights and principles of
constitutionalism prevails in Kenya.
36. Both the KNCHR and LSK have positive constitutional, legal and moral duties to act in
defence of, in protecting the rights and fundamental freedoms of all Kenyan citizens
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regardless of their gender, ethnicity, race, opinion or political affiliations.
37. The Plaintiff states and the fact is that both the KNCHR and LSK have failed to take
courageous, concrete and practical steps to ensure that the State and its agents obeyed court
orders in his favour, respected and upheld his human rights, respected and upheld his
constitutional, legal and birth rights.
38. The Plaintiff states that although he has formally written and requested the KNCHR and
LSK to intervene on his behalf so as to ensure that his rights and basic freedoms including
his right to a valid Kenyan passport; his right to enter, remain in or leave Kenya without
restraint whenever he deems fit; his right to free expression, association, movement and
political rights; and his right to human dignity and livelihood are respected and upheld, they
have refused or failed to act.
39. The Plaintiff states and the fact is that his rights and fundamental freedoms are not
privileges or favours granted, vested or dependent on the whims of those holding public
office or exercising power and/or discretion in the Republic of Kenya including at the
KNCHR and LSK.
40. The Plaintiff states that both interested parties have, at all material times, failed or refused
without any legal justification or excuse, to fulfil their legal and constitutional obligations
as prescribed and are therefore complicit in the pleaded violations and breaches of the
Plaintiff’s rights and fundamental freedoms.
FACTS IN SUPPORT OF THE ACTION

41. The Plaintiff was, at all material times, a Kenyan-born citizen who had never renounced his
citizenship.
42. In 1987, the Plaintiff was a student leader at the University of Nairobi. On or about
November 14, 1987, agents of the Kenyan Government broke into the Plaintiff’s room in
Hall 6 at the University of Nairobi, abducted him at gun-point, detained, tortured and
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subjected him to cruel and inhumane treatment at the Nyayo House Torture Chambers for
having expressed his political opinions and engaged in lawful activities. He was released
without charge on November 27, 1987.
43. In December 1987, the Kenyan Government unilaterally withdrew or cancelled a valid
passport it had issued to the Plaintiff. In the same month, the Plaintiff fled into exile to
Tanzania where the United Nations High Commissioner for Refugees (UNHCR)
recognised him as a conventional refugee and facilitated his relocation to Swaziland before
he was granted political asylum in Canada in June 1988. The UNHCR issued the Plaintiff
with travel documents and a passport that he used to fly from Tanzania to Swaziland then to
Canada.
44. The Plaintiff states and the fact is that he fled into exile because of a genuine fear of
persecution; that he did not voluntarily travel from Kenya to Canada; and that he had never
renounced his Kenyan citizenship.
45. The Plaintiff pleads and relies on the Judgments of The Honourable Justice Mumbi Ngaru
of 2013 and The Honourable Justice Chacha Mwita of December 14, 2018 with respect to
his citizenship status and violations of his rights and fundamental freedoms by numerous
agents of the Kenyan Government from 1987 to 2018.
2017 VIOLATIONS AND BREACHES BY THE DEFENDANTS

46. In or about early December 2017, the Defendants, jointly and severally, set up a team of
assassins comprising of Constables John Kibet and James Kihichu of Central Police
Station; Corporal Jack Ochieng’ and Seargent Paul Kipng’eno of the Karen Police Station;
and Senior Seargent Melita Tartar and Constable Derrick Cheruiyot of the Kilimani Police
Station, with instructions and direction to illegally monitor the Plaintiff’s movements; tap
into and monitor the Plaintiff’s telephone and electronic communications; conduct unlawful
surveillance of the Plaintiff’s home; and to inflict physical harm or injuries, torture, maim
and/or kill the Plaintiff.
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47. On December 17, 2017, the Plaintiff was unlawfully physically accosted, stopped from
proceeding on his journey and detained on a public road near the Mtwapa Police Station
between Mombasa and Kilifi in the Republic of Kenya for a period of about three hours by
heavily armed Kenya National Police Service officers (“Police Officers”) including the
Defendant Koome based on orders and directives from some or all of the defendants named
herein. The Plaintiff was threatened with physical harm and death, intimidated and
prevented from freely exercising his rights to conscience, thought, movement, association
and speech.
48. The Plaintiff states that his detention violated his rights to security of the person, dignity
and other fundamental constitutional and human rights.
49. The Plaintiff states further that the Defendants, jointly and severally, treated him like a
criminal even though he was not, exposed him to public ridicule, shame and injured his
good name, reputation, character and esteem in the eyes of right-thinking members of the
society.
2018 VIOLATIONS AND BREACHES BY THE DEFENDANTS

50. On January 30, 2018, the Defendants, jointly and severally, surrounded the Intercontinental
Hotel in Nairobi and attempted to unlawfully abduct, detain, physically assault and torture
the Plaintiff without any legal excuse or justification.
51. At about 5:30 a.m. on February 2, 2018, a large number of heavily-armed Kenya National
Police Service officers violently and unlawfully broke through the Plaintiff’s gate, main
entrance and doors to house number 486 Runda Meadows, in the City of Nairobi, using
explosives and crude objects. The Defendants, jointly and severally, committed these violent
and destructive acts without any legal excuse or justification.
52. The Plaintiff states and the fact is that the Defendants or their agents who broke into his
property on February 2, 2018 were not wearing official issue police uniforms and neither
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produced nor showed him any identification cards. The vehicles the Defendants or their
agents were driving bore regular number plates and did not have the letters “GOK” or
“Government of Kenya” on them.
53. The Defendants or their agents destroyed and ransacked the Plaintiff’s house and property
without legal excuse or justification. Prior to engaging in the aforesaid unlawful acts, they
had not identified themselves to the Plaintiff as police officers nor had they knocked and
requested to be admitted into his property. They also failed or refused to produce a valid
search warrant and warrant of arrest. They did not inform him of the reasons for their violent
attack on his home or person nor the reasons for their search and seizure.
54. The Plaintiff states that the Defendants or their agents physically assaulted him; abducted
him and detained him incommunicado under cruel, inhumane and degrading conditions for
six days at the Githunguri Police Station, Lari Police Station and Inland Container Depot
Police Station in Nairobi in breach of his constitutional, legal and human rights.
55. During the six days of confinement or detention, the Plaintiff was not allowed access to
advocates, physicians, family members or anyone else. He was kept in filthy and chilly bare
cement floors without a blanket, bed, chair, water, food and basic sanitation for six days. He
was kept standing for many hours and was deprived of sleep.
56. Although the Plaintiff’s advocates had obtained valid court orders for his immediate release
on February 2, 2018, a habeas corpus order on February 5, 2018 and numerous other orders
requiring his release and/or production at the High Court in Milimani, Nairobi, subsequently,
the Defendants, jointly and severally, disobeyed those court orders and continued to detain
the Plaintiff under horrendous conditions.
57. The Plaintiff states that even after he felt ill and requested the Defendants or their agents to
provide him with medical attention and a medical doctor, he was denied access to a
physician, or a health care facility without any legal excuse or justification.
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58. On February 5, 2018 and February 6, 2018, the Defendants, jointly and several, forcefully
placed the Plaintiff in unmarked police vehicles and drove with him at extremely high speeds
without allowing him to use safety belts although he had requested them to allow him to use
them. They had done the same thing on February 2, 2018 following his abduction. The
Plaintiff states that the Defendants, jointly and severally, recklessly exposed him to risk of
physical injuries and harm without any legal excuse or justification.
59. On February 6, 2018, the Defendants, jointly and severally, took the Plaintiff to Kajiado
Magistrate’s Court and purported to charge him there with treason. However, after the
Magistrate, Hon. Mulochi, had refused to have him take the plea and ordered the defendants
to take him to the High Court at Milimani by 3:30 p.m., the Defendants once more defied that
court order and took him to the Inland Container Depot Police Station in Nairobi where they
physically assaulted him; tried to make him sign an unlawful confession; wrestled him to the
ground, conducted an illegal search of his clothes and body; seized and confiscated his valid
Kenyan and Canadian passports; threatened to kill him; and drove him to the Jomo Kenyatta
International Airport (JKIA) and forced him onto a KLM flight to Amsterdam at about
midnight after unlawfully detaining him at the JKIA for more than five hours.
60. The Plaintiff states and the fact is that the Defendants, jointly and severally, unlawfully
destroyed his Kenyan Passport and other property and removed him from Kenya without
notice to him, a hearing as prescribed by law, and without the requisite court order.
61. The Plaintiff states that the Defendants, jointly and severally, abused their power, violated
their respective oaths of office, breached his birth rights, constitutional rights, legal and
human rights for which they are liable.
62. The Plaintiff states and the fact is that the Defendants, jointly and severally, subsequently
destroyed his Kenyan passport in violation of The Honourable Justice Luka Kimaru’s Order
issued on February 15, 2018, which had directed them to deliver the passport in its valid form
17
to the Deputy Registrar of the High Court within seven days of the date of the court order.
63. By Order dated February 15, 2018, under the Plaintiff’s Miscellaneous Criminal Application
Number 57 of 2018 before the High Court of Kenya, The Honourable Justice Kimaru
nullified the Defendants Cabinet Secretary, Ministry of Interior and Coordination of National
Government’s (“Cabinet Secretary for Interior”) and Fred Matiang’i’s (“Matiang’i”)
declaration dated February 6, 2018 under section 43 of the Kenya Citizenship and
Immigration Act 2011 and directed The Directorate of Criminal Investigations (DCI) and The
Inspector General of Police (“IG Police”) to personally give a written undertaking, within
seven (7) days, to the Court that they shall comply and give effect to the Orders of the Court.
The Plaintiff states and the fact is that the Defendants Cabinet Secretary for Interior,
Matiang’i, DCI and IG Police flagrantly defied and disobeyed those valid Court orders and
continue to do so.
64. The Honourable Justice Kimaru also permanently stayed the criminal proceedings that the 1st
Defendant, 2nd Defendant, 3rd Defendant, 4th Defendant, 5th Defendant, 6th Defendant, 8th
Defendant, 14th Defendant, 15th Defendant, 16th Defendant, 17th Defendant, 18th Defendant
and 19th Defendant had initiated and pursued against the Plaintiff.
65. On February 26, 2018, The Honourable Justice E.C. Mwita permanently suspended or stayed
the declaration by the Defendant Matiang’i issued on February 6, 2018 under section 43(1) of
the Kenya Citizenship and Immigration Act 2011 declaring the Plaintiff as not being a citizen
of Kenya and whose presence was contrary to national interests, be removed from Kenya
pending the hearing and determination of Petition Number 51 of 2018 before the High Court
of Kenya.
66. Justice Mwita also permanently suspended or stayed the purported order by the Defendant
Matiang’i, made and published in Gazette Notice No. 932 of January 30, 2018, declaring the
National Resistance Movement (“NRM”) a criminal organisation. Justice Mwita further
ordered and directed the Defendant Director of Immigration and in his absence, the most
18
senior officer in the Directorate of Immigration, to issue the Plaintiff with travel documents
to enable his unconditional re-entry and stay in Kenya as a Kenyan citizen. Justice Mwita
further ordered and directed the Defendants, jointly and severally, to facilitate the Plaintiff’s
unconditional re-entry into Kenya as a Kenyan on a date and time notified to the Defendants
by the Plaintiff.
67. The Honourable Justice Mwita further ordered and directed that the Plaintiff’s first re-entry
to Kenya, the Chairperson of Kenya National Commission on Human Rights (“KNCHR”), or
her representative, be allowed access to the Immigration and Customs Clearance Areas of the
Port of the Plaintiff’s re-entry in order to observe the extent of the Defendants’ observance of
the relevant constitutional, human rights and immigration laws applicable to the Plaintiff’s
rights to re-enter Kenya.
68. The Plaintiff states that when he flew back to the JKIA and attempted to re-enter Kenya on
March 26, 2018 as ordered and directed by the Court, the Defendants, jointly and severally,
denied him entry into the country. They once more unlawfully detained him for more than
seventy-two (72) hours; physically assaulted him; humiliated him; tore his clothes; stole
$1,500 that he had in his coat pockets; and tried to force him into an Air Emirates flight to
Dubai.
69. The Plaintiff states that after he had successfully resisted being forced onto the Air Emirates
flight to Dubai, which he had not booked nor intended to fly on that day, the Defendants
grabbed him, physically assaulted him and physically forced him to board a pick-up truck
and took him to Terminal Two of the JKIA where they unlawfully detained him inside a
toilet for the disabled for three days.
70. While unlawfully detained at the JKIA, the Plaintiff states that he was unlawfully denied
access to his advocates, family members and medical care. He was also denied access to a
bathroom and shower. He was unable to take a shower, comb his hair, or brush his teeth for
three days between March 26, 2018 and March 29, 2018, inclusive, because there was no
19
shower and the water on the available sink was boiling hot. As well, the Plaintiff was denied
basic sanitation, a bed, table, food, drinking water and privacy as prescribed by the
constitution and applicable law.
71. Although The Honourable Justices Aburili and George Odunga had issued orders on March
27, 2018, March 2018 and March 29, 2018, respectively, for the Plaintiff’s unconditional and
immediate release, production before the High Court at Milimani, Nairobi, and for his non-
removal from the jurisdiction of the Court, which included the JKIA, the Defendants
physically broke the door to the toilet for the disabled persons where he was being detained,
physically assaulted him, wrestled him to the ground and injected him with noxious
substances until he lost consciousness then placed him on an Air Emirates Flight to Dubai on
or about March 28, 2018.
72. The Plaintiff states and the fact is that the Defendants kept him sedated with an IV tube and
drip on his left hand for the duration of the long flight from Nairobi to Dubai thereby causing
him to lose consciousness, severe and excruciating pain, suffering and long-term side effects.
73. The Plaintiff states that he regained consciousness inside the plane at the Dubai International
Airport in the morning of March 29, 2018 and found his left hand badly swollen and his
entire body was burning with pain arising from the physical assault and chemical poisoning
by the Defendants.
74. On or about April 1 and 2, 2018, the Defendant Macharia released false and defamatory
statements to the media claiming that allowing the Plaintiff re-entry into Kenya as ordered by
the High Court would have been “a major beach of security had he been allowed in without
stamping the passport he used to depart from Canada” and that “[I]t is criminal to use a
different document. You cannot switch it regardless of your status.”
75. When he uttered the foregoing false and defamatory words, the Defendant Macharia knew
that the Plaintiff had not booked a flight and flew out of Kenya voluntarily using a Canadian
20
passport. He also knew that the Plaintiff had been abducted by the Defendants from his house
in Nairobi, unlawfully detained, tortured and forcefully removed from Kenya in violation and
contempt of multiple court orders including an habeas corpus order that had directed the
defendants to release the Plaintiff unconditionally.
76. The Defendant Macharia also knew that at all material times the defendants had been ordered
by the High Court to either return to the Plaintiff his valid Kenyan passport they had
unlawfully seized and confiscated from him on or about February 6, 2018 or to issue him
with a new passport or travelling document so that he could use the same to re-enter Kenya
but that the defendants had refused to obey those court orders.
77. Further, the Plaintiff states and the fact is that the Defendant Macharia and all the other
defendants knew that the High Court had ordered them to facilitate the Plaintiff’s
unconditional re-entry to Kenya on a date and time of his choosing but that the defendants
flagrantly disobeyed those valid court orders.
78. The Plaintiff states and the fact is that the defendants, jointly and severally, published false,
defamatory and highly malicious allegations about the Plaintiff, referred to him as a criminal,
terrorist, violent, dishonest and deceptive man when they knew that those allegations were
false.
79. The Plaintiff states and the fact is that The Honourable Justice George Odunga convicted the
1st, 2nd, 3rd, 4th, 5th, 15th, 16th, 17th, 18th, 19th and 20th Defendants for contempt of court on
March 28, 2018. The Plaintiff states that the Court should permanently withdraw and/or deny
standing to all the defendants before the High Court until they have fully and completely
complied with all the court orders, directives, rulings and judgments in favour of the Plaintiff.
80. The Defendants had unlawfully forced the Plaintiff into the Emirates Air flight from Nairobi
to Dubai unconscious, against his will and without a passport and abandoned him at the
Dubai International Airport without money, accommodation, food, medical care and the
21
basic necessities of life.
81. The Plaintiff states that the Defendants are liable for unlawfully physically assaulting him,
sedating him, chemically poisoning him and transporting him from his country of birth,
citizenship and ordinary residence to the City of Dubai, in the United Arab Emirates, while
unconscious, against his will and without a passport, in gross violation of his constitutional
rights and fundamental freedoms, and in defiance and flagrant contempt of multiple court
orders and without any legal excuse or justification.
82. Despite the Plaintiff’s repeated requests for the Defendants or their agents to take him for
medical care, give him access to a physician and allow him to have appropriate toxicology
tests and also to return him to Kenya, they abandoned him at the Dubai International Airport
without his luggage, any money, food, accommodation, air ticket or even a travel document.
83. On December 14, 2018, The Honourable Justice Chacha Mwita released his seminal
judgment in the Plaintiff’s favour, found that the Defendants had abused their office and
violated the Plaintiff’s constitutional rights and fundamental freedoms and ordered them to
return his valid Kenyan passport, allow his unconditional entry into the country and to pay
him specified damages and costs. To date, the intended Defendants have not complied with
the said Judgment and orders.
84. The Plaintiff pleads and relies on all the findings in Justice Mwita’s judgment and all the
orders of the courts that the Defendants have refused to comply with.
85. The Defendants have repeatedly published false and defamatory material about the Plaintiff.
Specifically, they have referred to him by name and published material that refers to him as
an alien, an illegal immigrant, a terrorist, a mad man, a man who had renounced his
citizenship, a foreigner, a member of a criminal organisation, a violent and chaotic man and a
dishonourable, dishonest and deceptive man with no entitlement to constitutional and legal
rights when they knew or ought to have known that those allegations are false.
22
86. The Defendants have jointly and severally engaged in a systematic, orchestrated campaign to
degrade, humiliate and disparage the Plaintiff using social media and mainstream broadcast
(TV and radio) and print media. They have also taken pictures or images of the Plaintiff
while he was sedated and unconscious and circulated them in order to lower his esteem and
standing in the society and cast him as unworthy of respect and honour. These malicious
campaigns and publications have been disseminated to millions of third parties around the
world.
87. Although the Plaintiff has consistently demanded the return of his valid Kenyan passport as
ordered by the courts and his unconditional return to Kenya, the Defendants have continued
to refuse to obey the court orders and grant him re-entry.
88. The Defendants have insisted, unreasonably, that the Plaintiff must reapply for Kenyan
citizenship and passport when they are aware that on February 2, 2018 when they unlawfully
broke into his home, abducted and detained him before illegally confiscating and destroying
his valid Kenyan passport, he had not lost his Kenyan citizenship and passport.
89. On or around May 13, 2018, and on numerous occasions thereafter, the Plaintiff states that
the Defendants, working in collaboration with the KAA, jointly and severally, published a
libellous and defamatory statement claiming that they had “banned” him from entering
Kenya on Qatar Airways. The defamatory bulletin was widely circulated to millions of third
parties around the world on Twitter, Facebook and other Internet-based publications. It stated
the following:
Effective Date: May 23, 2018

Per the update received from the Kenyan immigration authorities, the below customer is
not permitted to enter Kenya and has been blacklisted by the Kenyan authorities.
Name: MIGUNA MIGUNA

Passport: Hxxxxxx
Nationality: Canadian
23
Staff to be vigilant and ensure the above customer is not accepted for travel on any flights
to Kenya. Asms to brief all concerned accordingly.
90. The Plaintiff states that the ordinary meaning of the foregoing published statement meant and
was capable of meaning that the Plaintiff was a criminal or a terrorist who had been
“blacklisted,” placed on a “red alert” and on a global “no-fly list” due to his criminality and
violence, allegations which the Defendants knew were false.
91. The Plaintiff states and the fact is that the said publication tended to lower his reputation,
name, character and professional standing among right thinking members of society, yet he
was never served with any written notice before it was published and that the Defendants
have not disclosed any evidentiary or factual basis for the malicious allegations against him
and the publication about him even though his advocates delivered a formal letter to them
concerning the same in or around May 2018.
92. The Plaintiff states that the aforesaid malicious acts by the Defendants have irreparably
injured his standing, reputation and profession in the society.
93. The Plaintiff states that the Defendants, jointly and severally, are legally liable for dumping
him in Dubai without his passport, air ticket and basic necessities of life and for all the
pleaded offensive publications, breaches and violations.
94. The Plaintiff states and the fact is that when the Defendants unlawfully abducted, detained,
tortured, sedated, forcefully removed from Kenya and refused re-entry into the country, the
Defendants unlawfully denied him a right to practice in his profession as an advocate in
Kenya where he had several cases that were scheduled for trial, were pending trial or were
partly heard but which he was unable to attend to and conclude. The Defendants are at law
liable for such losses.
95. The Plaintiff states and the fact is that the Defendants have, at all material times, unlawfully
24
and maliciously breached his privacy rights by publishing and widely circulating to millions
of third parties, images of his Canadian passport without his consent thereby exposing him to
ridicule, humiliation and exposing his identity to risks of theft and illegal use by others.
96. The Plaintiff states and the fact is that the Defendants have, at all material times, unlawfully
and maliciously breached his privacy rights by publishing and widely circulating to millions
of third parties images of his boarding passes and flight manifests concerning flights he had
been forcefully placed on by the Defendants without his consent thereby exposing him to
ridicule, humiliation and unreasonably exposing him to physical threats and attacks by
others.
97. The Plaintiff states and the fact is that the Defendants have denied him opportunity to earn a
livelihood; they have irreparably caused him significant economic loss; loss of future
earning; and interests on such income or earnings. The Defendants are at law liable for such
losses.
98. The Plaintiff states and the fact is that the Defendants have denied him access to his
properties in Kenya; they have caused serious physical damage to his house in Nairobi,
vandalised it and stole millions of shillings worth of household and personal belongings,
losses which the Defendants are at law liable.
99. In or about April 4, 2019, 1,830 copies of the Plaintiff’s 2019 book Treason: The Case
Against Tyrants & Renegades, ISBN 978-0-9917962-2-9 arrived at the Mombasa Port.
However, without any legal justification or excuse, the Defendants refused to clear and
release the books to his agent in Kenya.
100. On or about May 25, 2019, the Plaintiff’s agent only received 1,680 copies of the book.
Two hundred (200) copies were not delivered to him.
101. The plaintiff states that the retail price for each book was $30 USD, which was equivalent
25
to Kshs. 3,000.00. The printing cost of each book was $11.00 USD (or Kshs. 1,100.00). The
transport cost for all the books from Berlin, Germany, to Mombasa, Kenya was $1,500.00
USD (Kshs. 150,000.00), which was about Kshs. 82.00 for each book. The processing and
clearing charges were $2,560.00 (Kshs. 256,000) for all the books, which translates into
Kshs. 140.00 per book. Consequently, the Defendants are at law liable for the special
damages in relation to the books as follows:
(a) Printing of 200 books Kshs. 220,000.00.

(b) Transport for 200 books Kshs. 16,393.44.
(c) Clearing charges for 200 books Kshs. 28,000.00.
(d) Retail price for 200 books Kshs. 600,000.00.
Total special damages for the books Kshs. 864,393.44.
102. On or about March 19, 2019, the Attorney General was duly served with all the
Defendants’ Notices of Intention to Commence Legal Action (“Notice”) as prescribed by
law. However, despite that service, the Defendants and each one of them have refused to
respond to the Notice.
103. On or around April 2019, the Defendants, jointly and severally, unlawfully refused to clear,
seized and impounded 1,829 hardback copies of the Plaintiff’s book, Treason: The Case
Against Despots and Renegades, which were shipped to the Mombasa Port from Germany in
February 2019.
104. Due to the foregoing violations and breaches by the Defendants, jointly and severally, the
Plaintiff has not been able to work, earn a living and support his family. The violations and
breaches have also denied him basic human dignity.
105. The Plaintiff pleads and relies the provisions of the Bill of Rights in the Constitution of
Kenya, 2010.
26
106. The Plaintiff pleads and relies the provisions on the Defamation Act, Cap. 36 of the Laws of
Kenya.
107. The Plaintiff pleads and relies on the Government Proceedings Act, Chapter 10 of the Laws
of Kenya.
108. The Plaintiff relies on all the orders and judgments made by the High Court and Court of
Appeal in his favour and against the Defendants relating to the issues and facts in this case.
REASONS WHEREFORE the Plaintiff prays seeks judgment against the Defendants, jointly
and severally, for general, special, compensatory and punitive damages, for:
a) Violation of the right of habeas corpus;
b) Violation of the right to a fair hearing and fair administrative process;
c) Violation of the right to counsel, access to family members and access to a physician;
d) Violation of the right to citizenship and rights of citizenship;
e) Violation of the right to a conscience and belief;
f) Violation of the right to a valid Kenyan passport or travel document;
g) Violation of the right to bodily integrity;
h) Violation of the right against torture;
i) Violation of the right to an opinion;
j) Violation of the right of association;
27
k) Violation of the right of assembly;
l) Violation of the right to free movement or mobility;
m) Violation of the right to an occupation, business and profession;
n) Violation of the right to work;
o) Violation of the right to a livelihood;
p) Physical torture, cruel and inhumane treatment;
q) Unlawful abduction, arrest, confinement and detention;
r) Unlawful search and seizure;
s) Unlawful sedation and/or application of noxious substances;
t) Unlawful removal from Kenya;
u) Unlawful destruction of property;
v) Unlawful seizure and confiscation of property;
w) Malicious prosecution;
x) Physical, psychological and emotional torture, anguish and trauma;
y) Assault and battery;
28
z) Infliction of emotional distress;
aa) Unlawful removal from Kenya and forceful exile;
bb) Libel and slander;
cc) Invasion and violation of privacy and security of the person;
dd) Loss of opportunity;
ee) Loss of income, future income and interest on such income(s);
ff) The value of vandalised, destroyed or stolen property;
gg) Slander and defamation of one’s profession or office;
hh) Abuse of power, malfeasance and misfeasance in public office;
ii) Loss of income from 2017 to the date of the Judgment in this matter;
jj) Special damages for the unlawful seizure, confiscation, impoundment and/or destruction of
personal property;
kk) Special damages for slander, pursuant to sections 3 and 5 of the Defamation Act, CAP 36;
ll) A declaration and an Order that the Defendants and each one of them are in contempt of
court with respect to valid court orders issued by The Honourable Justice Wakiaga; The
Honourable Justice Luka Kimaru; The Honourable Justice Enock Chacha Mwita; The
Honourable Justice Aburili; The Honourable Justice George Odunga; and any other
29
subsequent valid Orders that the Defendants fail or refuse to fully and completely comply
with in this matter;
mm) A declaration and an Order that by virtue of their failure or refusal to comply with
numerous court orders stipulated above, the Attorney General of the Republic of Kenya;
Cabinet Secretary for Interior and Coordination of National Government; Principal
Secretary of the Department of Immigration, Director of Criminal Investigations; Director
of Public Prosecutions; Director General of the Kenya Police Service; Person in Charge of
the Flying Squad, Kenya Police Service; Officer Commanding Police Division of the
Kenya Police Service at Jomo Kenyatta International Airport; Paul Kihara Kariuki; Fred
Okengo Matiang’i; Gordon Kihalangwa; Joseph Boinnet or Joseph Boinett; George Kinoti;
Noordin Haji; and Said Kiprotich have no standing before the High Court of Kenya, Court
of Appeal and Supreme Court due to their multiple contempt of court with respect to
numerous valid court orders by this Honourable Court in favour of the Plaintiff and against
each one of them;
nn) A declaration and an Order that the Defendants and each one of them has/have no standing
before the High Court, Court of Appeal and Supreme Court of Kenya and cannot prosecute
any cases against anyone and/or enforce treaties and contracts before any court of
competent jurisdiction in Kenya until they fully comply with all the valid court orders in
favour of the Plaintiff that they have not complied with from 2018;
oo) A declaration and an Order that the Plaintiff is entitled to an unequivocal and fulsome
retraction of the defamatory words complained of and a written and an unqualified apology
approved by him prominently published on the front pages in four of the widely circulating
national newspapers in Kenya, including in The Standard, Daily Nation and The Star
Newspaper in both their hard copy and electronic or digital versions for a period of seven
days consecutively;
pp) A declaration and an Order that the 1st and 2nd Interested Parties have failed to fulfil their
constitutional and legal obligations to the Plaintiff;
30
qq) A Declaration and an Order that the 1st and 2nd Interested Parties must enforce the orders
that this Honourable Court and/or other courts of competent jurisdiction have granted in
favour of the Plaintiff and to ensure that all the Plaintiff’s rights and fundamental freedoms
are respected;
rr) A mandatory injunction and an Order directing the Defendants, jointly and severally, to
remove, delete and/or purge all the offending words from all internet sites, blogs and all
electronic retrievable forms under the Defendants’ control wherever they have been stored,
archived, published or posted;
ss) An Order of injunction to restrain the Defendants and each one of them from further
uttering, repeating and/or publishing or causing to be published the words referred to in
paragraph (6) hereinabove or any similar words defamatory to the Plaintiff;
tt) Costs of this suit on a higher indemnity basis, fixed and payable forthwith;
uu) Interests on (a) to , (kk) above at the Court’s rate;
vv) Post-judgment interest thereon at Court’s rate; and
ww) Such other relief as this Honourable Court may deem fit or just to grant.
DATED at Nairobi this 12th day of July 2019
MIGUNA MIGUNA
THE PLAINTIFF ACTING IN PERSON
31
DRAWN & FILED BY:
Miguna Miguna
Plaintiff acting in person
486 Runda Meadows
P.O. Box 1522-00621
mm@migunamiguna.com
NAIROBI
TO BE SERVED UPON:
1) The Honourable Attorney General

Office of the Attorney General
State Law Office & Department of Justice
Sheria House, Harambee Avenue
NAIROBI
2) Cabinet Secretary, Ministry of Interior and Coordination of National Government

c/o Office of the Attorney General
NAIROBI
3) Principal Secretary, Department of Immigration and Registration of Persons

NAIROBI
4) Director of Immigration and Registrations of Persons

NAIROBI
5) Inspector General of Kenya National Police Service

NAIROBI
6) Director of Criminal Investigations

NAIROBI
32
7) Director of Public Prosecutions
NAIROBI
8) Officer In-Charge of the Flying Squad, National Police Service

NAIROBI
9) Officer Commanding Githunguri Police Station

NAIROBI
10) Officer Commanding Lari Police Station

NAIROBI
11) Officer Commanding Inland Container Depot Police Station

NAIROBI
12) Officer Commanding Jomo Kenyatta International Airport Police Station

NAIROBI
13) Cabinet Secretary, Ministry of Transport, Infrastructure,

Housing and Urban Development
NAIROBI
14) Cabinet Secretary, Ministry of Transport, Infrastructure,

Housing and Urban Development
33
NAIROBI
15) Fred Okengo Matiang’i

NAIROBI
16) Paul Kihara Kariuki

NAIROBI
17) Gordon Kihalangwa

NAIROBI
18) Joseph Boinett or Joseph Boinnet

NAIROBI
19) George Kinoti

NAIROBI
20) Said Kiprotich

NAIROBI
21) Joseph Munywoki

NAIROBI
34
22) Alexander Muteshi
NAIROBI
23) James Macharia

NAIROBI
24) Paul Mwangi Maringa

NAIROBI
25) Joseph Koome

NAIROBI
35

Plaint Against The Republic of Kenya, 2019

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Plaint Against The Republic of Kenya, 2019

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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ATTORNEY GENERAL OF THE REPUBLIC OF KENYA…….…….....1ST DEFENDANT

THE NATIONAL COMMISSION ON HUMAN RIGHTS…1ST INTERESTED PARTY

4. The 3rd Defendant, Principal Secretary of the Directorate of Immigration and

(i) to investigate complaints of abuse of power, unfair treatment, manifest injustice or

FACTS IN SUPPORT OF THE ACTION

2017 VIOLATIONS AND BREACHES BY THE DEFENDANTS

2018 VIOLATIONS AND BREACHES BY THE DEFENDANTS

Effective Date: May 23, 2018

Name: MIGUNA MIGUNA

(a) Printing of 200 books Kshs. 220,000.00.

a) Violation of the right of habeas corpus;

b) Violation of the right to a fair hearing and fair administrative process;

d) Violation of the right to citizenship and rights of citizenship;

e) Violation of the right to a conscience and belief;

f) Violation of the right to a valid Kenyan passport or travel document;

g) Violation of the right to bodily integrity;

h) Violation of the right against torture;

i) Violation of the right to an opinion;

j) Violation of the right of association;

l) Violation of the right to free movement or mobility;

m) Violation of the right to an occupation, business and profession;

n) Violation of the right to work;

o) Violation of the right to a livelihood;

p) Physical torture, cruel and inhumane treatment;

q) Unlawful abduction, arrest, confinement and detention;

r) Unlawful search and seizure;

s) Unlawful sedation and/or application of noxious substances;

t) Unlawful removal from Kenya;

u) Unlawful destruction of property;

v) Unlawful seizure and confiscation of property;

x) Physical, psychological and emotional torture, anguish and trauma;

y) Assault and battery;

aa) Unlawful removal from Kenya and forceful exile;

bb) Libel and slander;

cc) Invasion and violation of privacy and security of the person;

dd) Loss of opportunity;

ee) Loss of income, future income and interest on such income(s);

ff) The value of vandalised, destroyed or stolen property;

gg) Slander and defamation of one’s profession or office;

hh) Abuse of power, malfeasance and misfeasance in public office;

uu) Interests on (a) to , (kk) above at the Court’s rate;

vv) Post-judgment interest thereon at Court’s rate; and

DATED at Nairobi this 12th day of July 2019

1) The Honourable Attorney General

2) Cabinet Secretary, Ministry of Interior and Coordination of National Government

3) Principal Secretary, Department of Immigration and Registration of Persons

4) Director of Immigration and Registrations of Persons

5) Inspector General of Kenya National Police Service

6) Director of Criminal Investigations

8) Officer In-Charge of the Flying Squad, National Police Service

9) Officer Commanding Githunguri Police Station

10) Officer Commanding Lari Police Station

11) Officer Commanding Inland Container Depot Police Station

12) Officer Commanding Jomo Kenyatta International Airport Police Station

13) Cabinet Secretary, Ministry of Transport, Infrastructure,

14) Cabinet Secretary, Ministry of Transport, Infrastructure,

15) Fred Okengo Matiang’i

16) Paul Kihara Kariuki

17) Gordon Kihalangwa

18) Joseph Boinett or Joseph Boinnet

19) George Kinoti