The President of the Law Society of Kenya (LSK) Nelson Havi has been accused of perjury in a case involving exiled lawyer Miguna Miguna.
Perjury is the offence of willfully telling an untruth or making a misrepresentation under oath.
According to an investigative report in our possession documented by the Directorate of Criminal Investigations (DCI), Havi, who acted for Miguna, swore a false affidavit on March 27, 2018, claiming that Miguna’s passport had been confiscated by the government at the Jomo Kenyatta International Airport (JKIA) on March 26, 2018.
Miguna traveled to Kenya on March 26, 2018, before being detained at the airport for failing to comply with airport procedures, according to the DCI. He traveled aboard Emirates flight No. EK719 using a Canadian passport No. HP679627. He was received at the Airport by among others, officials from the Kenya National Commission for Human Rights, immigration officers, his lawyers including Nelson Havi who had made previous arrangements to receive him as said by Jimmy Nyikuli who is a legal officer at the Immigration Services which evidence is also corroborated by the chairperson Kenya National Commission for Human Rights.
Trouble started at the diplomatic counter for clearing, where Miguna insisted that he should be cleared using his Kenyan national identity card since he is a Kenyan despite having traveled using a Canadian passport.
According to Kennedy Kisasati, the immigration officer on duty at the Diplomatic counter on the 27th March 2018, Miguna Miguna refused to produce his passport for clearing instead he flashed out his Kenyan identity card and a copy of a court order which he said are the only documents he used to book and board the flight.
The documents can not be used for passengers boarding an international flight.
“He did not see any passport from Miguna Miguna and that no passport was confiscated from him since he refused to produce. His evidence is also corroborated by Victor Njcru who is an Assistant Security Manager Operations with the Kenya Airports Authority and was at terminal 1E where Miguna Miguna was being cleared who also said he did not see Miguna Miguna producing a passport and that is the reason that he was not cleared and forcefully dashed past the immigration counter to the carousel to take his luggage,” the DCI said in their report filed addressed to the Directorate of Public Prosecutions (DPP), dated May 7, 2018.
Miguna is quoted by the Kenya National Commission for Human Rights saying that the police searched him asking him to produce the “Canadian passport which they did not find”.
In his reverse trip from Dubai to Canada, Miguna ‘miraculously’ used his canadian passport to travel back to Canada.
“If indeed the passport was confiscated in Kenya then how did it come into his possession again to use it in his reverse trip as claimed by Nelson Havi. We have found that there is no truth in the allegations by Nelson Havi because when he was summoned by the investigators on the 24th day of April 2018, apart from refusing to attend at DCI Headquarters he tormented the investigator who summoned him with further allegations,” added DCI in their report.
“If indeed his allegations were true he would not have shied off from honouring the summons. The investigation has also established that from the year 2004 up to the time he arrived on the 26th day 2018 the said Miguna Miguna has always used his passports and no date he used his Kenya identity card.”
The investigators termed Miguna as a learned lawyer who knew the Law very well and “it could be that he gave his passport to his agents in advance and that he was prepared to face the consequences on that day”.
DCI had recommended that Havi be charged for swearing a false statement (offence of perjury) contrary to Section 108 (1) (a) as read with Section 110 of the Penal Code.
Have has never been prosecuted three years after the document was received by the DPP, neither did the DPP respond to the DCI concerning the same.