A statement by MIGUNA MIGUNA on February 18, 2013

Let me at the very outset say that by the grace of God / Allah / Nyasaye I am free, alive and healthy – and at my home in Nairobi. In fact, I have not left my house the whole day today.

I understand that there are despicable false rumours being circulated and disseminated by Raila Odinga and his agents that I have been arrested and is in police detention. I consider these rumours to be the height of desperation of a man who knows that his campaign has reached a dead end. Fortunately for Kenyans, rumours and propaganda – which is what Odinga excels in – don’t vote and will not vote on March 4, 2013.

I would like to disclose to the public that at about 6:30am today, my nephew who lives with me informed me that our house help confessed to him last night as they were watching my K24 TV live interview that Mr Odinga's agents, who used to be my bodyguards – Odhiambo and Anyul – offered her Sh1 million and gave her poison to put in my food this week. They also offered to give her gargets to tape all my telephone conversations, my conversations with third parties who visit me at home and to report to them details of my movements. My nephew reported to me that the house help stated that she was considering these offers in view of my “attacks on the Prime Minister.” Apparently, she claimed that I was responsible for the wave of rebellion against the PM in Luo Nyanza.

At about 7:10am, I terminated the house help’s employment in writing and paid her the monthly salary of Sh10,000 even though her pay is not due up to the end of February this year. She signed the termination letter voluntarily. There was no physical contact between me or my nephew and her.

Interestingly, as she was signing the termination letter and pocketing the money, both Odhiambo, Anyul and high ranking officials from the Office of the Prime Minister were busy calling her mobile telephone. I then decided to detain the two mobile phones so that the police could investigate this serious matter thoroughly.

When I asked the house help to put her things in a vehicle so that my nephew, who was present throughout, could drop her at the bus stop, the lady refused. Instead of allowing my nephew to give her a free ride, she walked away and left the compound. I have been informed that she was seen entering the home of a senior ODM cabinet minister who is my neighbour and the boss to one of the agents who have recruited her. I felt that was quite bizarre and telephoned my area OCPD, who responded within one hour, accompanied by the DCIO.

As I was giving my report and statement to the police at my house concerning the latest plot to kill me, the press started calling and texting, claiming that I was under arrest at the Runda Police station. Of course, I wasn’t. I was at home – and I am still at home.

Interestingly, I am told that the house help arrived with two junior police officers and the press in tow at my gate as I finished my statement at about 11:30am. However, when invited inside, she boarded a motor-cycle, which she had come with, panicked and left. Reports reaching me indicate that she went straight to the Office of the Prime Minister’s Building and is apparently sequestered there, perhaps being debfried on the next malicious and mischievous plot.

Meanwhile, the house help’s mobile phone kept ringing off the hook, with some of the numbers being traced to ODM cabinet ministers and senior OPM officials!

Unfortunately, the assassins and plotters panicked and started putting pressure on the Police, demanding that I should be arrested and locked away.

Your guess is as good as mine on why Raila Odinga and his thugs want to kill me – and when their plot seems to have failed – are now abusing their power and demanding hat I be locked away. He has also sent out his media hounds and social media goons to besmirch my name, character and reputation.

They will not succeed!

At about 1:20pm today, I welcomed about ten journalists who were camping outside my gate into the compound and addressed them stating the same things contained herein. I could see how disappointed some of them were that I was alone, at home, and addressing them in a relaxed and categorical manner.

Let me conclude with two things. First, Raila Odinga will not win the scheduled elections on lies, propaganda or nefarious plots against his opponents, critics or perceived enemies. And secondly, I am not afraid of Raila Odinga. As I said before, I am ready to face him head-on. It’s unfortunate that he has reduced himself to a pathetic criminal. It’s up to him. I will, however, continue to expose him and to fight him with the only weapon at my disposal: THE TRUTH!

Elections come and go. These ones won’t be different. But Raila Odinga must know that Kenyans are going to retire him on March 4th, 2013. He can choose to fight me and the books I’ve published through criminal goons or he could choose to address – directly – each and every factual claim in them. Te choice is his!

Finally, I wish to reiterate that my life is in serious danger. I am asking the police to provide me with twenty-four-hour security.

Thank you.

MIGUNA MIGUNA

Miguna Miguna has finally revealed his political interests by declaring that he will be vying for the Nairobi governorship position. He announced his candidature during the popular K24 TV Capital Talk show hosted by former CNN journalist Jeff Koinange.

The first instinctive reaction is to laugh it off, wonder if he has seriously thought about his chances and dismiss him as one of the many political jokers and comedians that strut Kenya's political landscape gambling with the lives and livelihoods of Kenyan citizenry. One also sees his writing of the controversial book "Peeling back the mask" that has attacked the integrity and political honesty of Prime Minister Raila Odinga as an intended springboard to raise his profile before the announcement rather than dealing with impunity and corruption within the ODM ruling class.

On hearing such an announcement one immediately struggles to reconcile Miguna Miguna's abrasive, arrogant and self-important style of dealing with people with the required humility, patience and compromise required to deal with the complex personalities he will be interacting with on a daily basis. One cannot fail to imagine that if Miguna were to become Nairobi governor, he will easily misinterpret it as a mandate to rule the whole of Kenya and to talk down look down upon every other elected leader.

However, looking at the list of politicians who have offered themselves for the same position, Miguna Miguna does have a point and his candidature is worth a second look and consideration.

Ferdinand Waititu, the current MP for Embakasi, is currently seen as a leading contender on the basis of tribal maths (being a Kikuyu). He is at best thuggish going by his many media appearances and uneducated. One wonders how he would govern professionally without resorting to his violent ways. He also has not articulated his vision for Nairobi county other than his desecration of the newly built overpasses and roads with his campaign graffiti.

Philip Kisia, a former Nairobi City Council town clerk has had a corruption-ridden and under-performance stint at the city council. He has also been linked to dubious dealings such as the fake ISO certification of the city council. He delivered no change to the way services are delivered by the city council and was only keen to increase council revenue by increasing rates paid by Nairobians without corresponding improvement in service delivery. He is not bound to change his leadership style if he were to become governor. 

Evans Kidero, a former public listed Mumias Sugar Company CEO is so far the best professional bet (on paper) for Nairobi Governor. Miguna had an interesting take on Kidero's candidacy citing that he is not a politician (governorship being a leadership as well as a political post) and questioning how he acquired his vast wealth.

Nairobi county, albeit cosmopolitan and among the wealthiest counties has its politics dominated in the past by a convergence of thuggish, corrupt and tribal interests. A fact that may not change soon. If the list of previous mayors, MPs, councillors and town clerks is to be considered, Miguna Miguna is a saint in spheres of integrity and tolerance to corruption. So far he is also among the most academically qualified (maybe after Evans Kidero) and passionate for change for the sake of a better country. This means that Miguna Miguna is not so far off the mark when it comes to his candidature for Nairobi governor.

There are however pertinent issues that Miguna Miguna has to deal before his governorship candidacy becomes viable. One has to bear in mind that despite the reforms happening in Kenya, the Kenya voter has not reformed. The Kenyan voter is still tribally aligned, corruptible and worships wealth and handouts. This will be a headache for Miguna Miguna. Further, a majority of voters are in the low income earning group that may not resonate with Miguna's ideology and style of politics. No wonder, Miguna said he will target university students and ask them to register massively in Nairobi.

The other issue is that a majority of Raila Odinga's fan base have not forgiven Miguna Miguna on his 'peeling back' their hero's inner clothes. A majority of these fans in Nairobi are fanatical and a substantial number of them belong to the low-income group and would do anything including massive voter registration in Nairobi and other mass-action-oriented ways to make sure Miguna's dream does not materialize.

Miguna Miguna also has to contend with the fact that Nairobi county has a majority of its voters perceived to be from the Mt Kenya region who will vote for a Kikuyu inclined candidate, currently embodied in Uhuru's The National Alliance (TNA). Will he align himself despite his assertion that he is running as an independent candidate? Will TNA embrace him?

Freedom of expression is a cornerstone of democratic rights and freedoms. It is extremely sad and outrageous that I have to defend this right. We won our right to freedom of expression and enshrined it in our hard won Constitution. 

However, eternal vigilance is necessary; nothing exemplifies this fact as the Miguna Miguna situation. He wrote his memoirs and exercised his freedom of expression, which he and many others fought and suffered for. Yet, some Kenyans will not allow him the right to hold a different opinion from theirs or to criticise.

Since I have not finished reading the memoires, I shall not venture to comment on their substance for now. I will comment on what we can learn from peoples’ reactions, after its release. It is normal for those who feel aggrieved by the contents of the book to seek legal redress. It is, however, illegal and untenable for anyone to issue death threats against Miguna by burning his effigy or a coffin with his photograph – it is against the constitution and the law. The police should take action against such people. 

We fought for our new Constitution so that we can live in safety and security and not in fear. No Kenyan is above the law or below it. Human rights activists understand, the price many have had to pay to win all of us the freedom of expression and hold opinions even if they differ from ours.

The level of intolerance and indignation in Kenya is shocking. I am still awaiting action from the Police and the National Cohesion and Integration Commission. There are clearly “hate speech” and death threats being expressed against Miguna Miguna; why has no one done anything to protect the “messenger,” even if they don’t like the message?

We may not agree with what Miguna says but we must be prepared to die defending his right to say it. This is what freedom of expression and opinion are all about and those who claim to be human rights defenders should know and practice this. We should also know that, injustice anywhere is injustice everywhere as Martin Luther King Junior said. 

Also, when one of us suffers insecurity, all of us potentially suffer; if a group of people can threaten the security of Miguna and get away with it; then we should be afraid that our Constitution and the institutions it establishes cannot protect us.

We learn also that we are far from being a mature democracy. The right to freedom of expression upholds the rights of all to express their views and opinions freely. It is essentially a right, which should be promoted to the maximum extent possible given its critical role in democracy and public participation in political life. 

True democrats must allow this right to thrive; this is the measure of greatness.

Sometimes, it is painful to be the recipient of severe criticism but leaders must open themselves to this kind of scrutiny, that is why in “Invictus”, the character playing Mandela questions his own capacity to meet the expectations of the people – that is called “servant leadership” – when you genuinely serve others and put others before yourself, even when they don’t think you are a god.

The amount of hate and resentment directed towards Miguna is also unhealthy for those who direct it – as one Hollywood writer put it: “Resentment is like drinking poison and waiting for the other person to die”.

Curtailing some extreme forms of expression, in order to guarantee protection of other human rights is always a necessary and fine balancing act. Extreme forms of expression include “hate speech”, incitement to violence, intimidation, and threats. As we are witnessing them, I still can’t believe how far we have regressed!

The writer is an elections and constitutional law expert and lecturer, South Eastern University College

Courtesy of the Standard on Saturday