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Governor Miguna Miguna
Rank: Member Joined: 7/27/2014 Posts: 560 Location: Eastlando
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hardwood wrote:Angelica _ann wrote:Here is the government’s full statement on Miguna Miguna’s Citizenship:
Political activist Joshua Miguna Miguna was last night deported back to Canada based on the provisions of section 33(1) and 43(1) of the Kenya Citizenship and Immigration Act, 2011.
Miguna fled Kenya in 1988 using travel documents provided by a foreign country. Thereafter he acquired Canadian citizenship and has remained a Canadian citizen since then.
Miguna acquired Kenyan passport in 2009 at a time when it was illegal for a Kenyan to hold dual-citizenship without having denounced the foreign citizenship.
Prior to this, Miguna had applied for Kenyan Passport in 1987 to enable him travel to Cuba for a students’ conference.
His application for passport was rejected in a letter dated 12th September 1987 which gave Miguna reasons for the rejection. At the time Miguna was a students’ leader at the University of Nairobi before he was expelled from the University.
Under the repealed Constitution, Kenyan citizens were allowed only one nationality. Kenyan citizens who acquired other nationalities automatically lost their Kenyan citizenship.
When the new Constitution came into force, Kenyans who had lost their citizenship as a result of acquiring other nationalities were required to officially apply to regain their Kenyan citizenship.
Miguna never did this and therefore continued being a Canadian citizen.
In 2009, Miguna made an application for Kenyan passport at Kisumu Passport Control. Without following the requisite legal process, then Minister for Immigration, the late Otieno Kajwang’ ordered that Miguna be issued with a Kenyan passport.
The late Minister’s orders that Miguna be issued with a Kenyan passport without following the proper legal procedure as prescribed by law was illegal and had no backing in law.
At the time Miguna was unlawfully issued with Kenyan Passport he was working as an advisor to then then Prime Minister Raila Odinga.
Prior to being illegally issued with a Kenyan passport, Miguna had been travelling using Canadian Passport No. MJ 393885 and WK 944502. Miguna renewed his Canadian passport in June 2017 just a few weeks to the general elections.
When Miguna acquired Kenyan passport in March 2009, he deliberately failed to disclose the fact that he had acquired citizenship of another country and therefore the Kenyan passport he acquired then was and still remains illegal.
Mwenda Njoka
Spokesman,
Ministry of Interior and Coordination of National Government for Director of Immigration Services,
7th February 2018. Makes alot of sense. Miguna is kaput. Finished. Osichese na sirkal. The only thing that Miguna needs to do now, is to re-apply for a kenyan passport and in the process admit to be a holder of a foreign passport. It is his birth right to have a kenyan passport and he MUST be issued with it. whether Ohuru likes or not Furthermore, he can sue the gvt of kenyan for compesation. The only problem he faces is, did he ever tell the Canadians that he is holding a kenyan passport? If not, he risks losing his Canadian Passport Miguna is in between a rock and a hard place. Also, he being a member of an outlawed group could make him lose his Canadian Passport. What he can´t lose is his kenyan citizenship
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Rank: Elder Joined: 10/3/2008 Posts: 4,057 Location: Gwitu
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Fullykenyan wrote:hardwood wrote:Angelica _ann wrote:Here is the government’s full statement on Miguna Miguna’s Citizenship:
Political activist Joshua Miguna Miguna was last night deported back to Canada based on the provisions of section 33(1) and 43(1) of the Kenya Citizenship and Immigration Act, 2011.
Miguna fled Kenya in 1988 using travel documents provided by a foreign country. Thereafter he acquired Canadian citizenship and has remained a Canadian citizen since then.
Miguna acquired Kenyan passport in 2009 at a time when it was illegal for a Kenyan to hold dual-citizenship without having denounced the foreign citizenship.
Prior to this, Miguna had applied for Kenyan Passport in 1987 to enable him travel to Cuba for a students’ conference.
His application for passport was rejected in a letter dated 12th September 1987 which gave Miguna reasons for the rejection. At the time Miguna was a students’ leader at the University of Nairobi before he was expelled from the University.
Under the repealed Constitution, Kenyan citizens were allowed only one nationality. Kenyan citizens who acquired other nationalities automatically lost their Kenyan citizenship.
When the new Constitution came into force, Kenyans who had lost their citizenship as a result of acquiring other nationalities were required to officially apply to regain their Kenyan citizenship.
Miguna never did this and therefore continued being a Canadian citizen.
In 2009, Miguna made an application for Kenyan passport at Kisumu Passport Control. Without following the requisite legal process, then Minister for Immigration, the late Otieno Kajwang’ ordered that Miguna be issued with a Kenyan passport.
The late Minister’s orders that Miguna be issued with a Kenyan passport without following the proper legal procedure as prescribed by law was illegal and had no backing in law.
At the time Miguna was unlawfully issued with Kenyan Passport he was working as an advisor to then then Prime Minister Raila Odinga.
Prior to being illegally issued with a Kenyan passport, Miguna had been travelling using Canadian Passport No. MJ 393885 and WK 944502. Miguna renewed his Canadian passport in June 2017 just a few weeks to the general elections.
When Miguna acquired Kenyan passport in March 2009, he deliberately failed to disclose the fact that he had acquired citizenship of another country and therefore the Kenyan passport he acquired then was and still remains illegal.
Mwenda Njoka
Spokesman,
Ministry of Interior and Coordination of National Government for Director of Immigration Services,
7th February 2018. Makes alot of sense. Miguna is kaput. Finished. Osichese na sirkal. The only thing that Miguna needs to do now, is to re-apply for a kenyan passport and in the process admit to be a holder of a foreign passport. It is his birth right to have a kenyan passport and he MUST be issued with it. whether Ohuru likes or not Furthermore, he can sue the gvt of kenyan for compesation. The only problem he faces is, did he ever tell the Canadians that he is holding a kenyan passport? If not, he risks losing his Canadian Passport Miguna is in between a rock and a hard place. Also, he being a member of an outlawed group could make him lose his Canadian Passport. What he can´t lose is his kenyan citizenship Now to more serious business.Hio mburoti ya Runda inauzwa? Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
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Rank: Elder Joined: 7/22/2008 Posts: 2,703
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In politics the most valuable resource is airtime. Kenyans have the shortest memory. Miguna was relevant because he was on TV every day from the day he got his 9,000 votes in Nairobi. 2 weeks of people not seeing him and he will be forgotten very fast.
Of course everybody knows that Miguna is a Kenyan but he has been put in a position where he will have to go through government controlled processes to physically set foot in the country.
When he was here he had access to crowds even though they were Raila's crowds he still had access as long as he was on Raila's side. When he is in Toronto he is alone. It is very hard to organize and energize crowds on twitter or skype or facebook (ask Peter Kenneth). It also does not help that he called Kalonzo, Mudavadi and Wetangula cowards thus putting Baba in a difficult position. If you were Raila, who is more valuable to you? A lone ranger in Toronto or Kalonzo who is physically here and still commands a following.
Miguna is no longer relevant.
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Rank: Elder Joined: 10/18/2008 Posts: 3,434 Location: Kerugoya
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Kusadikika wrote:Miguna is no longer relevant. Just in case you decide to edit this part, let me quote it for posterity. Dated This Seventh Day Of February, The Year Of Our Lord, 2018.
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Rank: Elder Joined: 12/7/2012 Posts: 11,908
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aemathenge wrote:Kusadikika wrote:Miguna is no longer relevant. Just in case you decide to edit this part, let me quote it for posterity. Dated This Seventh Day Of February, The Year Of Our Lord, 2018.  In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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Rank: Elder Joined: 7/11/2012 Posts: 5,222
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Rank: Elder Joined: 7/10/2008 Posts: 9,131 Location: Kanjo
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The ambassador general heroic arrival. https://m.youtube.com/watch?v=eTM2F8JRQQc
i.am.back!!!!
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Rank: Member Joined: 9/9/2010 Posts: 784 Location: ant hill - red hill
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His wife and kids have safely been in Canada all along. The greatest act of bravery is chancing a fart while suffering from diarrhoea
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Rank: Veteran Joined: 2/26/2015 Posts: 1,147
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me like your signature, " The greatest act of bravery is chancing a fart while suffering from diarrhoea" especially relating it to the discussion at hand.  It's not over until I winskype id: karasinga. email: kkarasinga@gmail.com
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Rank: Veteran Joined: 3/27/2009 Posts: 1,437
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alma1 wrote:hardwood wrote:alma1 wrote:masukuma wrote:it could be argued that they are following section 1 and 2 of the constitution!! you know that section that you can misquote all you want Quote:(1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.
(2) The people may exercise their sovereign power either directly or through their democratically elected representatives.
so Matiangi and Boinett herein known as 'People' or 'The People' have exercised ' sovereign power' and kicked Miguna squared out of the country The constitution on the issue of citizenship only has 1 line. It is very clear. You cannot lose your citizenship for whatever reason. It is one of the shortest lines in the constitution and it has no ifs and buts about it. People quoting laws that were made by the mkoloni gov't would do well to read that part. As to the issue of Miguna renouncing his citizenship this is one area where only Jubilee people who have never found a way out of Nairobi can believe. You are not expected to renounce your citizenship in Canada. In fact it has one of the most liberal laws worldwide dual citizenship. Second and most important. Even the US does not and will never tell any country that anyone has renounced their citizenship. When someone can wake in the morning and say, you are not a citizen, we are heading for very dangerous times ahead. We'll also check if you renounced your citizen by birth in congo so that we deport you back to congo forest. Jinga sana. My citizenship in this country is not because of a piece of paper. Or because Jubilee 39 bloggers say so. You can renounce and pray to Mother Teresa for all I care. I'll still be a citizen. Ama now you want to revoke marriage certificates? Utaacha madharau Boss! Mother Teresa anaingilia wapi kwa hii vita zenu?
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Rank: Veteran Joined: 3/27/2009 Posts: 1,437
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Angelica _ann wrote:Here is the government’s full statement on Miguna Miguna’s Citizenship:
Political activist Joshua Miguna Miguna was last night deported back to Canada based on the provisions of section 33(1) and 43(1) of the Kenya Citizenship and Immigration Act, 2011.
Miguna fled Kenya in 1988 using travel documents provided by a foreign country. Thereafter he acquired Canadian citizenship and has remained a Canadian citizen since then.
Miguna acquired Kenyan passport in 2009 at a time when it was illegal for a Kenyan to hold dual-citizenship without having denounced the foreign citizenship.
Prior to this, Miguna had applied for Kenyan Passport in 1987 to enable him travel to Cuba for a students’ conference.
His application for passport was rejected in a letter dated 12th September 1987 which gave Miguna reasons for the rejection. At the time Miguna was a students’ leader at the University of Nairobi before he was expelled from the University.
Under the repealed Constitution, Kenyan citizens were allowed only one nationality. Kenyan citizens who acquired other nationalities automatically lost their Kenyan citizenship.
When the new Constitution came into force, Kenyans who had lost their citizenship as a result of acquiring other nationalities were required to officially apply to regain their Kenyan citizenship.
Miguna never did this and therefore continued being a Canadian citizen.
In 2009, Miguna made an application for Kenyan passport at Kisumu Passport Control. Without following the requisite legal process, then Minister for Immigration, the late Otieno Kajwang’ ordered that Miguna be issued with a Kenyan passport.
The late Minister’s orders that Miguna be issued with a Kenyan passport without following the proper legal procedure as prescribed by law was illegal and had no backing in law.
At the time Miguna was unlawfully issued with Kenyan Passport he was working as an advisor to then then Prime Minister Raila Odinga.
Prior to being illegally issued with a Kenyan passport, Miguna had been travelling using Canadian Passport No. MJ 393885 and WK 944502. Miguna renewed his Canadian passport in June 2017 just a few weeks to the general elections.
When Miguna acquired Kenyan passport in March 2009, he deliberately failed to disclose the fact that he had acquired citizenship of another country and therefore the Kenyan passport he acquired then was and still remains illegal.
Mwenda Njoka
Spokesman,
Ministry of Interior and Coordination of National Government for Director of Immigration Services,
7th February 2018. A Canadian taking a job illegally (without a work permit) when there were so many Kenyans who could perform the same. Someone needs to be surcharged for the costs incurred by the Kenyan taxpayers.
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Rank: User Joined: 8/15/2013 Posts: 13,237 Location: Vacuum
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Logic lacks in this comversation 1.If Miguna had a kenyan passport issued in 2009, can it be assumed that he had applied to regain his citizenship as per clause 14(5) of the constistitution 2. If it was fraudlent obtained who determined that it was fraudulent? The executive or judiciary? Did it ahve to take 9/10 years to determine it was fraudulent Quote:A passport or other document referred to in clause (1)(b) may be denied, suspended or confiscated only in accordance with an Act of Parliament that satisfies the criteria referred to in Article 24. Article 24 Quote:24.
Limitation of rights and fundamental freedoms
(1)
A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including—
(a)
the nature of the right or fundamental freedom;
(b)
the importance of the purpose of the limitation;
(c)
the nature and extent of the limitation;
(d)
the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and
(e)
the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
(2)
Despite clause (1), a provision in legislation limiting a right or fundamental freedom—
(a)
in the case of a provision enacted or amended on or after the effective date, is not valid unless the legislation specifically expresses the intention to limit that right or fundamental freedom, and the nature and extent of the limitation;
(b)
shall not be construed as limiting the right or fundamental freedom unless the provision is clear and specific about the right or freedom to be limited and the nature and extent of the limitation; and
(c)
shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.
(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.
(4)
The provisions of this Chapter on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.
(5)
Despite clauses (1) and (2), a provision in legislation may limit the application of the rights or fundamental freedoms in the following provisions to persons serving in the Kenya Defence Forces or the National Police Service—
(a)
Article 31—Privacy;
(b)
Article 36—Freedom of association;
(c)
Article 37—Assembly, demonstration, picketing and petition;
(d)
Article 41—Labour relations;
(e)
Article 43—Economic and social rights; and
(f)
Article 49—Rights of arrested persons.
Roles of arms of government 1. Legislative branch-Creation of law 2. Judiciary branch-Interpretation 3. Executive-Enforcement. If Obiero did it, Who Am I?
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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The Executive executes. If anyone feels aggrieved by the execution they can go to court for reversal of the action. The only thing the executive can not do is take one to jail direct, they have to go through the judiciary. But if the Executive were to go through the Judiciary for all manner of orders in the normal execution of their mandate, nothing would move around here. And by the way... no assumptions, seeking to find out the correct position is the way. Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: User Joined: 8/15/2013 Posts: 13,237 Location: Vacuum
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Ngalaka wrote:The Executive executes.
If anyone feels aggrieved by the execution they can go to court for reversal of the action.
The only thing the executive can not do is take one to jail direct, they have to go through the judiciary.
But if the Executive were to go through the Judiciary for all manner of orders in the normal execution of their mandate, nothing would move around here.
And by the way... no assumptions, seeking to find out the correct position is the way. What do they execute? If Obiero did it, Who Am I?
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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Swenani wrote:Ngalaka wrote:The Executive executes.
If anyone feels aggrieved by the execution they can go to court for reversal of the action.
The only thing the executive can not do is take one to jail direct, they have to go through the judiciary.
But if the Executive were to go through the Judiciary for all manner of orders in the normal execution of their mandate, nothing would move around here.
And by the way... no assumptions, seeking to find out the correct position is the way. What do they execute? Their executive mandate! Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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By the way, in the developed world democracies, how do they deport people. Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: User Joined: 8/15/2013 Posts: 13,237 Location: Vacuum
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Ngalaka wrote:Swenani wrote:Ngalaka wrote:The Executive executes.
If anyone feels aggrieved by the execution they can go to court for reversal of the action.
The only thing the executive can not do is take one to jail direct, they have to go through the judiciary.
But if the Executive were to go through the Judiciary for all manner of orders in the normal execution of their mandate, nothing would move around here.
And by the way... no assumptions, seeking to find out the correct position is the way. What do they execute? Their executive mandate! Their executive mandate is to enforce the laws created by parliament as interpreted by the courts If Obiero did it, Who Am I?
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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Swenani wrote:Ngalaka wrote:Swenani wrote:Ngalaka wrote:The Executive executes.
If anyone feels aggrieved by the execution they can go to court for reversal of the action.
The only thing the executive can not do is take one to jail direct, they have to go through the judiciary.
But if the Executive were to go through the Judiciary for all manner of orders in the normal execution of their mandate, nothing would move around here.
And by the way... no assumptions, seeking to find out the correct position is the way. What do they execute? Their executive mandate! Their executive mandate is to enforce the laws created by parliament as interpreted by the courts I hear you! So when they want to build a road they have to go to court first! Many roads have been built illegally then!!! Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: User Joined: 8/15/2013 Posts: 13,237 Location: Vacuum
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Ngalaka wrote:By the way, in the developed world democracies, how do they deport people. The US of AQuote:People accused of illegally entering the United States begin a long legal process of lengthy hearings which may end in rapid deportations or eventual release. The process usually starts with an arrest. UKQuote:If you’ve broken the immigration rules, for example by living in the UK illegally, the Home Office can make you leave. Most people call this being deported, but it’s technically called administrative removal.
You’ll get a chance to provide evidence that you should be able to stay in the UK.
If your evidence is rejected you can:
appeal (if you have appeal rights - this information will be on your letter from the Home Office)
choose to leave
If your appeal isn’t likely to succeed you should leave voluntarily, because you’ll be banned from the UK for 10 years if you’re deported.
If you choose to leave you can return to the UK in between 1 and 5 years, depending on your circumstances.
Providing evidence
If the Home Office want to deport you, they’ll tell you in writing. You can respond to their letter with reasons you should be able to stay in the UK. How to do this, and the deadline, will be explained in your letter.
An immigration specialist will help you respond with reasons that the Home Office will accept, for example if:
you have strong connections and family in the UK (deporting you would go against your human rights)
returning to your home country would be dangerous (you can apply for asylum)
You’ll either be allowed to stay in the UK, or the Home Office will begin the process of deporting you. If Obiero did it, Who Am I?
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Rank: User Joined: 8/15/2013 Posts: 13,237 Location: Vacuum
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Ngalaka wrote:Swenani wrote:Ngalaka wrote:Swenani wrote:Ngalaka wrote:The Executive executes.
If anyone feels aggrieved by the execution they can go to court for reversal of the action.
The only thing the executive can not do is take one to jail direct, they have to go through the judiciary.
But if the Executive were to go through the Judiciary for all manner of orders in the normal execution of their mandate, nothing would move around here.
And by the way... no assumptions, seeking to find out the correct position is the way. What do they execute? Their executive mandate! Their executive mandate is to enforce the laws created by parliament as interpreted by the courts I hear you! So when they want to build a road they have to go to court first!Many roads have been built illegally then!!! Are you serious? I need a head transplant If Obiero did it, Who Am I?
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