Posted by ROB JILLO on August 11, 2011
NAIROBI, Kenya, Aug 11 â€“ Prime Minister Raila Odinga’s coalition advisor Miguna Miguna has now gone to court to seek orders to overturn the decision to suspend him.
His lawyer Nelson Havi filed the application at the High Court under a certificate of urgency.
Dr Miguna has maintained that his suspension was irregular since he was not given opportunity to defend himself.
He was suspended on claims that he uses abusive language and misrepresents the PM’s office.
“His suspension is illegal, unfair and made arbitrarily without giving him a chance to be heard,” his lawyer said in suit papers.
In the court documents, Dr Miguna is also demanding all his allowances, salary and benefits amounting to over Sh600,000 paid to him immediately.
In challenging his suspension Dr Miguna says that he can only be removed if convicted of a serious criminal offence.
Justice Nicolas Ombija has certified the case as urgent and directed that the respondents be served.
Last week the PM suspended his advisor over gross misconduct, abuse of office and harassment of junior officers.
According to the suspension letter, the outspoken advisor will not be entitled to any pay for the entire time he remains on suspension pending investigations into his conduct.
Dr Miguna, who has served as the PM’s advisor since 2008, was asked to hand over all his assignments at the PM’s office to the Secretary Administration and also surrender all government assets under his custody.
When he was appointed to the PM’s office, he had access to a government car, drivers, body guards, government house, other public wares and also a plum salary.
“I have been instructed by the Rt. Hon. Prime Minister that you be and are hereby suspended from performing your duties as the advisor, Coalitions Affairs with immediate effect,” read the letter written by the Permanent Secretary Office of the PM, Mohammed Isahakia.
Dr Miguna wrote an article in one of the local dailies, last month, criticising the leadership of the Interim Independent Electoral Commission chairperson, Issack Hassan.
In the article Dr Miguna said that Mr Hassan did not deserve to be credited for the IIEC’s successes calling him a poor leader.
“As a lawyer, Isaack’s record is patchy. He isn’t a good courtroom lawyer, nor is he a good drafter or negotiator. In fact, Isaack isn’t quick on his feet. He floundered badly when the â€˜red brigade’ invaded the Bomas of Kenya where the IIEC was releasing results for the referendum,” read Dr Miguna’s article.
“If he couldn’t handle such a simple electoral exercise, he certainly can’t manage presidential, gubernatorial, parliamentary and civic elections with a ten metre-long ballot paper,” it added.
However Mr Hassan has not been the only one who has also received Dr Miguna’s backlash.
Former President Daniel arap Moi has also found himself on the receiving end with Dr Miguna criticising his leadership style.
Dr Miguna has also been at the center of a dual citizenship controversy, being a holder of a Kenyan and Canadian passport, although the law effecting this allowance has not yet been enacted.
Several political leaders had asked the Premier to suspend his advisor over the issue until his citizenship issue was resolved.
The politicians also asked the PM to open criminal investigations against Dr Miguna.
Reports indicate that he went on a self imposed exile in Canada during the former President’s reign before returning to Kenya in 2007 when he even attempted to run for the Nyando parliamentary seat but lost.