Freedom Of Speech & Discipline

News & Politics
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MIGUNA’S IS A CASE OF FREEDOM OF SPEECH WITHOUT DISCIPLINE

By Jerry Okungu
Nairobi, Kenya
January 9, 2012

Recent events in Kenya’s public arena are beginning to cause worry among many citizens of this country especially those not gifted with the ability to exploit the media for self aggrandizement. Our constitution seems to have set us on a collision cause with our selves. Very soon brother will turn against brother, sister against sister and comrades against comrades. Yet, the media in this country seem to abet this kind of conflict from time to time. Quite often we have seen individuals of questionable character eager to settle imaginary disputes rush to the media with outrageous claims and the media are just too happy to carry the story.

Yet, in all this war of words, sometimes vicious and profane, we who are privileged to use the media are just too eager to take refuge in Chapter Six of our constitution that guarantees us freedom of expression just in case someone thinks we are crossing the line.

In the last several months, Miguna Miguna, the former adviser to Prime Minister Raila Odinga has doggedly entertained us with all manner of theatrics since he was thrown out of the Prime Minister’s office for reasons that were then explained as gross misconduct, unbecoming behaviour and general indiscipline. He has been accused of insubordination to his superiors while being discourteous to his juniors.

In a nutshell, Miguna Miguna has been accused of inability to behave like a civilized human being in a working environment. Under those circumstances, it would appear like it was becoming increasingly impossible for anyone to work with him in the PM’s office. Being a square peg where there were only round holes, time finally came for the square peg to be discarded.

It is true many of us outside the Prime Minister’s office may never know what transpired inside that office during Miguna’s tour of duty. We can only weigh the utterances of Miguna against the official statements of other officers and junior staff that may have interacted with him.

Another avenue through which we can decipher the character of Miguna has been the many articles that he authored before and after he was fired. The first lot was in total defense of the ODM and Prime Minister Raila Odinga as he railed against all enemies of the ODM, real and imagined in equal measure.

Yet, soon after he was fired for antagonizing the very fragile coalition he was hired to help nurture, he turned his guns on his former boss.

In doing all these things, Miguna as a lawyer probably most heavily relied on Chapter Six of the new constitution that guarantees all Kenyans freedom of expression. However, it would appear like the good lawyer only read part one of section 50 that states that every person has the right of expression which includes the right to seek, receive or import information or ideas. However, he didn’t seem to pay attention to part two of the same section that limits this freedom of expression. He never realized that this right does not extend to propaganda for war, incitement to violence, hate speech or advocacy of hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm.

He forgot to remember that in the exercise of his freedom of expression he, like every Kenyan was expected to respect the rights and reputation of others. Has Miguna Miguna in the cause of his writings, debates and public appearances on local TV networks respected the rights and reputation of Raila Odinga his main target?

In his articles either against or for Raila Odinga, has Miguna consistently violated this very freedom of expression by preaching hatred against fellow Kenyans, Raila Odinga included? When he directed his tirade against the then Attorney General Amos Wako at the UN convened ICC review meeting in Kampala, on whose behalf and benefit was this tirade executed? How was that base behaviour to benefit Raila Odinga his employer, ODM his party or the country?

Nobody doubts Miguna Miguna’s brilliance as a lawyer; after all we have never had an opportunity to rate him against other lawyers. However, there is no doubt that Miguna is a dare devil character that will stop at nothing to defend his boss with his blood, bones and skull if need be. Indeed this is an excellent attribute in situations of war.
Unfortunately we are not at war as a nation. PNU is not at war with ODM. Mwai Kibaki has not been at war with Raila Odinga. It is the reason they are in a coalition government for better or for worse.

Perhaps Miguna would have done a better job had he stuck to his job description- that of advising the Prime Minister on coalition matters. A good advisor works behind the scenes and advises his principal on fundamentals of the day. A good advisor can never be the principal’s spokesman. That job belongs to someone else with skills and common sense to gauge public mood and deliver the message in a palatable manner acceptable to the public.

To be a spokesman for any organization, the first principle to learn is the art of humility, discreteness and consultation before going public. More importantly, check and crosscheck your facts with your principal before you speak on his behalf. Most importantly, choose your words carefully- avoid arrogance, insults or abusive language!

Any political appointment such as the one Miguna Miguna, Kivutha Kibwana and Raphael Tuju got at the start of the coalition government needed sober characters with self respect. This is how Kibwana and Tuju conducted themselves. Decorum and discreetness guided their daily lives.

However, once the advisor finds that he can no longer agree with the principal on issues of the day, those with self respect do the only honourable thing. They don’t wait to be shown the door then throw tantrums. They resign their posts and go on with their lives.

In the case of Miguna, his behavior has left a lot to be desired. He has failed the test of humility terribly. One only hopes that he will recover in good time to pick up the pieces.

Yes, there is life after of a public office. Sell your rare skills to the numerous commissions in dire need of lawyers and leave Raila Odinga alone to go on with his politics.
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http://africanewsonline.blogspot.nl/2012/01/migunas-is-case-of-freedom-of-speech.html?m=1
News Online at 7:27 PM

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Nothing else to add…

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Why are you digging up old opinion pieces

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Opinion pieces which Miguna has clarified were authored by persons paid to discredit him/his character. Articles written by guns hired by C. Omondi & published by rogue editors such as those behind controversial death notices.

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He he he!

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Why are you reading old opinion pieces, like a baboon smelling its finger after sticking it up its anus?

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So, who paid Miguna to write ‘Peeling Back The Mask’ and ‘Kidneys For The King’?

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Just because someone said something you don’t agree with or you didn’t want to hear does not mean he/she is undisciplined.

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I hope you took note of the dateline.

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In the event our friend is a experiencing a form of denial, let us see what happened in the past, one can only be disciplined if they are undisciplined, the minnows he exercised his gross indiscipline upon had the last laugh:

During his time as Prime Minister Raila Odinga’s adviser on coalition affairs, Mr Miguna reportedly had up to four drivers and three secretaries attached to him. None succeeded in staying for long in that demanding environment. In one instance, staff member decided to write to the Kenya National Commission on Human Rights over their disagreements.

His former colleagues at the PM’s office say such cases and run-ins with senior government officials resulted in his suspension on grounds of “indiscipline”.

Correspondence seen by the Sunday Nation from the Administration Police to PS Mohammed Isahakia informs him that an officer attached to Mr Miguna had been withdrawn. AP Commandant Kinuthia Mbugua said Mr Miguna had been mistreating him, and he [the officer] had asked to be withdrawn.

In a more dramatic case, Mr Miguna engaged in a public spat at an international meeting in Kampala called for member countries of the Rome Statute.
Then Attorney-General Amos Wako was heading the Kenyan delegation. In a widely publicised affair, Mr Miguna publicly contradicted Mr Wako at the conference and said ODM was not a party to the presentation that the AG was making.

A complaint filed by Kenyan diplomatic staff in Kampala with the ministry of Foreign Affairs accuses Mr Miguna of having had altercations with embassy staff over the vehicle he had been assigned and demanding changes in his hotel accommodation.

“The senior officer also lacked tact and could easily have attracted a fight had it not been for the extreme restraint by the AG and others,” said the July 2010 dispatch transmitted to the PM’s office by Foreign Affairs minister Moses Wetang’ula after the incident.

The diplomatic dispatch also claims that Mr Miguna was nearly lynched by Ugandans in Kampala for his attitude towards the drivers allocated to the team.

A number of staff at the office of the PM who spoke to the Sunday Nation said he was difficult to work with and arrogant.

To Mr Omondi, the PM had acted out of sympathy for Mr Miguna after he lost a case he had lodged in court seeking to overturn his suspension, rendering him jobless.

“The PM wanted to offer Miguna a soft landing in the spirit of this festive season, given that he had lost his case in court and he was complaining that he had nothing to do,” Mr Omondi said.
Miguna’s fallout with Raila: the inside story | Nation

MIGUNA MIGUNA v PERMANENT SECRETARY, OFFICE OF THE PRIME MINISTER & ANOTHER [2011] eKLR
He served in the capacity of advisor of the Prime Minister on Coalition affairs until 4th August 2011 when he received a suspension letter signed by the Permanent Secretary Office of the Prime Minister. In the said letter the Permanent secretary stated that he had been instructed by the Prime Minister that the applicant be suspended from performing his duties with immediate effect for gross misconduct which include among others;

B Refusal to sign Local Agreement Forms despite several appeals
(2) Harassment, intimidation and use of abusive language to colleagues.
(3) Misrepresenting the office of the Prime Minister
[/B]
The clear intention of this application is to stop and/or halt the disciplinary process commenced against the applicant. If the employment of the applicant in the Officer of the Prime Minister is untenable, for the reasons stated in the two letters then it was the legitimate duty of the respondent to commence disciplinary proceedings in order to determine whether it is possible for the applicant to continue with his employment in the same office. It is for the applicant to justify the continuation of his employment in the Officer of the Prime Minister and answer the charges leveled against him. If the respondent can be stopped from completing the disciplinary process, it can be stopped from undertaking the process as a whole. That cannot be allowed because if it were to be allowed, then there would be no need in having disciplinary mechanism to be subjected to the employees found in contravention of the employment rules and regulations.

In conclusion, it is my decision the orders sought cannot be grated for reasons given. I decline to issue the orders sought. However, due to the nature of the applicant’s employment, I direct the 1strespondent to commence and conclude the disciplinary process on or before 30th December 2011. In the event, the applicant’s services is terminated, he shall be paid all his dues as per the terms of his employment. Each party to bear own costs. http://kenyalaw.org/caselaw/cases/view/77628

Miguna Miguna v Attorney General[2012]eKLR
He seeks the difference in payment between what he was earning and what Prof. Kibwana was earning for the 36 months as follows:-

Prof. Kibwana’s - Ksh.26,721,720

Claimant’s - Ksh.19,785,600
Difference - Ksh.6,361,120

When cross-examined the claimant told court that he did not have a copy of Prof. Kibwana’s pay slip and neither has he produced it in court as an exhibit.

He also indicated that he is not a Professor of law and he does not have prior ministerial experience. When asked if he has any written contract with the government, the claimant declined to answer but he told court that he is an advocate of the High Court of Kenya. He indicated that he was paid the salary as Appendix 2 until 26th July, 2011. He indicated that as Appendix 4, paragraph (1) (b) his terms are to be comparable to those of his counterpart Prof. Kibwana and this to him implies same pay.

The fact that Prof. Kibwana is distinguished for his higher pay having been a former Minister is also not discrimination. I therefore make a finding that the claimant was not discriminated against in the circumstances.

Are there any remedies the claimant is entitled to?

I find that the claimant was appointed as per his appointment letter. He was consistently and periodically paid at the end of every month for the time he worked. He was accorded all benefits commensurate with his office. The orders he seeks are therefore unsustainable. I dismiss his case accordingly with costs to the Respondent. http://kenyalaw.org/caselaw/cases/view/85575

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A man is allowed to change his mind! No? Only a fool doesn’t change his mind.

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Si jamaa ana shida mingi, in government circles, I always pity drivers and body guards, the long hours and for some meals are non-existing, the poem about the driver of the permanent secretary from the collection of African poems rings true.

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Bro,

When cross-examined the claimant told court that he did not have a copy of Prof. Kibwana’s pay slip and neither has he produced it in court as an exhibit. He also indicated that he is not a Professor of law and he does not have prior ministerial experience. When asked if he has any written contract with the government, the claimant declined to answer but he told court that he is an advocate of the High Court of Kenya. He indicated that he was paid the salary as Appendix 2 until 26th July, 2011. He indicated that as Appendix 4, paragraph (1) (b) his terms are to be comparable to those of his counterpart Prof. Kibwana and this to him implies same pay.

Miguna has this habit of representing himself and losing badly, and I hope that he keeps it.

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Miguna is a One-Man-Army. To the best of my knowledge he is also a man of high moral upstanding & as at that time was quite wealthy & did not need back-handed deals za kina Caroli, Isahakia & other ‘Baba’ wheel dealers.

As an advisor his role as advisor was to give RAO thorough info. Yaani tell-it-all, not only ‘good news’ otherwise that would mean he was a boot-licker.

Since he couldn’t be bought by Caroli/Isahakia, they decided to malign his name in newspaper articles signed off by Luos to make it look like ‘hata watu wenu wamechoka na wewe’ such as the ones in this thread.

Ps; sijasoma Kidneys for the King, kama uko na pdf/ebook niwekee link hapa nisome.

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I like Miguna for his honesty and integrity. Good attributes that all public servants should possess. We can question everything about him but no one has ever questioned his honesty or integrity. Virtually All the people that RAO brought into government during nusu mkate eventually got mired in one scandal or another. Sijawahi sikia za miguna. What we only here are childish allegations from guns for hire.

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@sodamadiaba, you have defended Miguna and blamed everything on others, but that still doesn’t explain why he wrote 2 tell-all books about Raila and not only about Caroli and the bad guys around JaKuon

Then there’s the inevitable question of his return to Baba, who was and is still surrounded by the same characters.

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A man can change his mind at will na hakuna kitu utafanya. Ruto was with Uhuru, then with RAT then again with Uhuru. Duale alikuwa mfuasu wa Tinga, before tumbo ifanye akue tumbilee.
In the final analysis, you will soon realise hao watu wako pamoja wote and you are not one of them. Jipange

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=“magreb, post: 1490668, member: 2228”]A man can change his mind at will na hakuna kitu utafanya. Ruto was with Uhuru, then with RAT then again with Uhuru. Duale alikuwa mfuasu wa Tinga, before tumbo ifanye akue tumbilee.
In the final analysis, you will soon realise hao watu wako pamoja wote and you are not one of them. Jipange

Trying to understand how your generalisation helps the discourse na nimeshindwa. The topic is very specific and current: General Miguna’s two books

If Ruto and Duale also wrote such books, share.

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Methinks it was a revenge mission, to destroy Raila/NASA from within. We all know baba is a populist person i.e. hijack any idea that pulls a crowd (kama vile alidandia Rainbow Alliance wave in 2002/he also hijacked NRM idea) RAO also gets other people to do his dirty deeds i.e. Jakoyo/Caroli/Isahakia etc. so that he always looks msafi kama pamba kwa macho ya wafuasi wake…so he cannot afford to expel his inner circle of Caroli & Co.
**

Also the more things change, the more they remain the same. RAO accepting perrenial defeat allows him to remain popular as “mtu amenyang’anywa nyama kwa mdomo” AND also keep the govt. at arms length as he has sizeable numbers he can use to armtwist the govt for backhand deals…Basically not fighting for victory leaves him in an even better position to “eat from both sides”.
**
I think Miguna wrote those books out of anger and came back to NASA to seek revenge for being used years back. But I stand to be corrected.

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Bro,

You know that he will not disappoint, his pompous ego will ensure that he keeps adding to the the long list of cases that he has lost in Kenya and Canada.