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Kenyan authorities ordered to release lawyer detained in dawn raid Kenyan rule of law concerns as authorities defy TV ban order
(about 1 hour later)
High court orders release as Uhuru Kenyatta’s government defies earlier order to lift ban on private television stations Opposition figure briefly detained as Uhuru Kenyatta’s government defies order to lift ban on private television stations
Jason Burke Africa correspondentJason Burke Africa correspondent
Fri 2 Feb 2018 14.34 GMT Fri 2 Feb 2018 16.52 GMT
First published on Fri 2 Feb 2018 14.19 GMTFirst published on Fri 2 Feb 2018 14.19 GMT
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Kenya’s high court has ordered authorities to release an opposition lawyer arrested on Friday, setting the scene for a new confrontation between the judiciary and Uhuru Kenyatta’s government. Kenyan authorities defied a court order to lift a ban on three private television stations and briefly detained an opposition figure on Friday, setting the scene for a new confrontation between the judiciary and Uhuru Kenyatta’s government.
Miguna Miguna was detained in a dawn raid on his Nairobi home, associates said. His current whereabouts are unknown but he is believed to be in police custody. Miguna Miguna, who has declared himself a “general” of the opposition’s National Resistance Movement, was detained in a dawn raid on his Nairobi home, and later released on bail of 50,000 Kenyan shillings (£350).
There was no immediate reaction from officials to the court order but the government defied an earlier order to lift a ban on three private television stations that had covered the symbolic presidential inauguration of the opposition leader, Raila Odinga. He had stood alongside opposition leader Raila Odinga at a symbolical inauguration ceremony on Tuesday, which was described by government lawyers as an act of treason.
Authorities cut live transmission of the country’s top three TV channels on Tuesday to prevent coverage of the ceremony, which government lawyers described as treason. Authorities cut live transmission of the country’s top three TV channels to prevent coverage of the ceremony and later declared the NRM an organised criminal group meaning members could face imprisonment up to 10 years.
Officials later declared the opposition’s National Resistance Movement an organised criminal group meaning members could face imprisonment up to 10 years.
Miguna has declared himself the “general” of the movement, and stood beside Odinga at Tuesday’s symbolic swearing in.
The tensions come three months after Kenyatta won a further five-year term in a rerun that was triggered when the supreme court annulled the result of the presidential election in August because of irregularities.The tensions come three months after Kenyatta won a further five-year term in a rerun that was triggered when the supreme court annulled the result of the presidential election in August because of irregularities.
Kenyatta won the rerun with 98% of the vote, but turnout was only 39% after the opposition boycotted the poll, saying it was neither free nor fair.Kenyatta won the rerun with 98% of the vote, but turnout was only 39% after the opposition boycotted the poll, saying it was neither free nor fair.
Odinga dismissed the October election as “fake” and the supreme court was again asked to dismiss the result, but this time upheld Kenyatta’s victory.Odinga dismissed the October election as “fake” and the supreme court was again asked to dismiss the result, but this time upheld Kenyatta’s victory.
This week’s arrests and broadcast bans are a shock to Kenyans who have grown used to the free-wheeling media and irreverent political culture that have grown since decades of autocratic rule ended in 2002.This week’s arrests and broadcast bans are a shock to Kenyans who have grown used to the free-wheeling media and irreverent political culture that have grown since decades of autocratic rule ended in 2002.
The government’s failure to act on the court order over the TV ban raises questions about the rule of law in the country. The government’s failure to act on a court order over the TV ban raises questions about the rule of law in the country.
Okiya Omtatah, an activist who secured the ruling, said it had not been served on Thursday afternoon because of a delay at the court registrar’s office. The order was also published in Friday’s edition of the Standard newspaper, one of Kenya’s largest dailies. Okiya Omtatah, an activist who secured the ruling, said it had not been served on Thursday afternoon because of a delay at the court registrar’s office. The order was also published in Friday’s edition of the Standard newspaper, one of Kenya’s largest dailies. When he tried to serve it to Kenya’s communications authority on Friday, they refused to receive it.
“I am insisting on delivering this order,” Omtatah told Reuters news agency. “It’s an abuse of power. The laws are clear. That’s why the court ruled as they did.”“I am insisting on delivering this order,” Omtatah told Reuters news agency. “It’s an abuse of power. The laws are clear. That’s why the court ruled as they did.”
The office of the UN high commissioner for human rights in Geneva said it was concerned at the government’s “attempts to interfere with the rights to freedom of expression”.The office of the UN high commissioner for human rights in Geneva said it was concerned at the government’s “attempts to interfere with the rights to freedom of expression”.
On Thursday, the opposition politician who administered Odinga’s “oath”, Tom Kajwang, was released on bail a day after his arrest.On Thursday, the opposition politician who administered Odinga’s “oath”, Tom Kajwang, was released on bail a day after his arrest.
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