Tag Archives: Canada

Kenya: The Kenyan Judiciary Strikes “Terror” Again in the Hearts of African Dictators

January 14, 2019

It is not too early to pass judgment that the Kenyan Judiciary along with the South African judiciary are the leading judicial lights in Africa in terms of exercising judicial autonomy and independence. This article deals with the very important decision by the Kenyan High Court on December 14, 2018 in relation to an opposition politician which demonstrates the significant advances in the calibre and independence of the Kenyan judiciary, a decision which is not conceivable anywhere else in Africa except South Africa.

The decision relates to one lawyer Miguna Miguna who was forcibly deported twice back to Canada by the Kenyan government on account that he was not a Kenyan citizen as he had allegedly lost his citizenship when the constitution was amended in 2010. In early 2018, the Kenyan government disobeyed all types of judicial orders to release Miguna who had been detained. They put him back in the plane twice and deported him.

Miguna started the long distance legal struggle from Canada to overturn government decisions and to make the government pay for the monumental human rights violations inflicted on him. He hired Kenyan lawyers who laboured without pay for their colleague. At long last, on December 14, the decision was handed down: the High Court judge Justice Mwitwa ruled that Miguna never lost his Kenyan citizenship which he had acquired by birth and that the government had committed egregious acts by revoking his passport and had further indulged in torturous violations of his human rights. They must immediately reinstate his passport and allow him back into Kenya.

On top of this, the High Court ruled that the taxpayers must not be saddled with paying the damages and costs awarded to Miguna, the damages and costs must be borne out personally by the individual officers involved: the Attorney General, the Immigration Chief, the relevant Police Inspector General and several other named officers. US$70,000. And costs. This is huge in Africa. This is revolutionary. Such orders are rare. The last recent one in Africa was when the South African High Court ordered that Zuma must pay for the costs of all legal actions that he was involved in while he was President but for crimes he had committed as an individual.

Governments have had the luxury of violating people’s rights and when and if orders were issued against governments to pay, the government’s either didn’t pay or paid because it was taxpayers money and the faceless individuals who violated someone’s rights didn’t feel the impact. If the government didn’t pay, it is difficult to determine whom to actually pursue. Governments acted with impunity. A government is faceless.





Kenya/Canada: Court Declares Miguna A Kenyan Citizen, Awards Him Sh7 Million As Compensation

December 14, 2018

Win for Miguna Miguna as court rules he is Kenyan, orders state to pay him KSh 7 million

Justice Chacha Mwita has ruled that controversial lawyer Miguna Miguna was unlawfully removed from Kenya as he is a Kenyan citizen. He stated that citizenship by birth could not be revoked.

“Even if the petitioner (Miguna) acquired Canadian citizenship, he did not lose his Kenya citizenship. He remains a citizen of Kenya,” Justice Mwita stated.

The High court also said that holding Miguna Miguna in incommunicado and failing to produce him in court was a violation of the lawyer’s rights.

The court also ordered the government pay Miguna Sh7 million as compensation for continued violation of his rights.

Miguna had stated that he did acquire his Canadian citizenship voluntarily as he went to Canada seeking political asylum.

Read:The Corrupt Will Carry Their Own Cross – President Kenyatta

The court had earlier dismissed the deportation of the controversial lawyer and had ordered the interior Ministry to deposit his passport at the High court, a decision which the ministry had vowed to appeal.

Miguna Miguna has faced a myriad of misfortunes after the revocation of his Kenyan citizenship. He was deported twice from Kenya as immigration officer claimed that he was not a Kenyan citizen and was required to reapply for his citizenship.
















Judgment – Miguna Miguna’s Petition 14-12-2018

Kenya/Canada: High Court of Kenya Judgment in Miguna Miguna case December 14th

December 7, 2018





Rob Tibbo arranged for the U.S. whistleblower, then the planet’s most-wanted man, to hide with three refugee families. Now they seem to be facing the consequences

As Rob Tibbo raced to the Hong Kong International Airport one day last November to catch his getaway flight, a nagging fear followed close behind.

Tibbo, a Canadian expatriate lawyer and respected officer of the local courts, had been in hiding from the police for a month and still worried he could be arrested at any moment.

But his taxi arrived at the airport without incident, and Tibbo was soon in safe hands: Pascal Paradis, a Montreal-based leader of the group Lawyers without Borders, and two Canadian diplomats who shadowed him through security, making sure he safely boarded the Vancouver-bound Air Canada jet.

First, though, he bid an emotional final farewell to several of his impoverished clients also waiting in the terminal, among them migrants who, along with Tibbo, had found themselves in the midst of a story that shook the world.

A year earlier, the National Post — along with the New York Times and Germany’s Handelsblatt — had revealed that the lawyer had arranged for American spy-agency whistleblower Edward Snowden, at the time the planet’s most-wanted man after leaking details of U.S. mass-surveillance programs, to hide in the Hong Kong homes of three refugee families before catching his own flight to Moscow.

Now they all seemed to be facing the consequences of that fateful act.

Tibbo himself faced escalating pressure from the authorities. The legal-aid organizations that funded the refugee cases choked off payments and questioned his professionalism, while Hong Kong’s legal regulator peppered the lawyer with disciplinary charges after a spotless 15-year career in the territory.

When it seemed the police, too, were on his trail, Tibbo decided he had to leave.

“I’m pretty much out of money. My wife and I are pretty much living in poverty,” he told the Post. “The bottom line is my career in Hong Kong is over.”




Director Oliver Stone writes to Trudeau, urges him to admit Snowden’s Hong Kong helpers as refugees

Meet the Canadian who hid Edward Snowden: Robert Tibbo helped fugitive disappear in slums of Hong Kong




Man who sheltered whistleblower Snowden needs Canada’s help immediately: lawyer

http://www.nationalmagazine.ca/Articles/November/Snowden-s-Canadian-lawyer.aspx (FRANCAIS)

https://ici.radio-canada.ca/nouvelle/1138586/tibbo-robert-hong-kong-avocat-canada-refugie-edward-snowden (FRANCAIS)

https://www.courrierinternational.com/article/lavocat-canadien-qui-defendu-snowden-sest-refugie-en-france?utm_medium=Social&utm_source=Facebook&Echobox=1543510592&fbclid=IwAR1pQnHvQJZO4pYoM3nDJCpazjSklkFQNj0apyWhWaDp5wNPOXpYrskLGUA (FRANCAIS)

https://derstandard.at/2000092508702/Snowdens-Anwalt-Robert-Tibbo-geraet-immer-mehr-unter-Druck (DEUTSCH)

https://cn.nytimes.com/world/20181129/edward-snowden-lawyer-hong-kong/zh-hant/ (MANDARIN)

Kenya/Canada: Deported Kenyan Lawyer Miguna Miguna to Release New Book Next Month

November 18, 2018

Deported Kenyan Lawyer Miguna Miguna to Release New Book Next Month

Deported Kenyan lawyer Miguna Miguna is set to release a new book next month.

The self-declared National Resistance Movement (NRM) general says the book, titled Treason: The Case Against Tyrants & Renegades, will be unveiled on December 20th.

“TREASON: The Case Against Tyrants & Renegades, 2018, 450 pages, hardback. Publication date: December 20, 2018. Information about Pre-Publication orders will be provided in due course,” tweets Miguna.

In the book, the firebrand lawyer talks about how he was betrayed after the January 31st, 2018 mock swearing-in of opposition leader Raila Odinga as the “people’s president.”

“It was sad that the cancer of betrayal was ferociously attacking our liberation movement before the ink I had used to sign the oath of office on ‘The Peoples President had dried,” Miguna notes.

He also explains what happened before, during and after the mock swearing-in of Odinga as well as events leading to his controversial deportation from Kenya.

“If I were to die today, history would record that my death was caused by the cancer of betrayal; betrayal by the home guards and renegades,” the book reads in part.








USA/Ecuador/Canada: Peter Foster: Corruption, Pink Floyd and Aboriginal rights walk into Banff’s ‘post-normal’ law conference

November 9, 2018

The conference seems to represent what might be described as ‘post-normal law.’ It is the law of taking sides

This weekend sees a conference in Banff that should be of interest to all those concerned about the rule of law, and the forces undermining it. Titled “Indigenous Solutions for Environmental Challenges,” the conference’s “context” is the US$8.6 billion (at last count) judgment in an Ecuadorean court against U.S. oil company Chevron. According to the conference’s website, the Chevron case will be used “to consider the critical role of judicial remedies for violations of the rights of indigenous and other affected peoples… both in Canada and beyond.”

With the Trans Mountain pipeline expansion on judicial hold, and capital evacuating the Canadian oil patch due to legislative uncertainties, the topic is timely. But if “hard cases make bad law,” then corrupt cases threaten very bad law indeed.

Two U.S. courts have determined that the Ecuadorean decision was the result of a fraud engineered by U.S. lawyer, Steve Donziger (who will appear at the conference). Donziger claims this is all a Chevron campaign to “vilify him” for innocent “errors in judgment.” Earlier this year, Donziger’s licences to practice law in the U.S. were suspended.

Conference organizer Kathleen Mahoney, a law professor at the University of Calgary, told me this week in an email that she denies the conference is about applying “pressure to bear on Chevron to come to the table,” but those are the words used more than a year ago in her letter to Donziger proposing the conference, and suggesting he support it (the letter is reprinted below). The letter, part of a contempt motion filed by Chevron against Donziger, redacted until recently, was last month ordered fully disclosed by a New York court. The court exhibit shows Donziger passed the letter to colleagues with the comment: “Please do not send around. This is potentially breakthrough stuff…. Kathleen is (former national chief of the Assembly of First Nations) Phil Fontaine’s wife and she is a major force in Canada as a human rights lawyer and activist.”

Peter Foster: Corruption, Pink Floyd and Aboriginal rights walk into Banff’s ‘post-normal’ law conference

LILLEY: Stink of corruption hangs over environmental conference







Canada/Cameroon: Crisis in Cameroon: A Conversation with Barrister Felix Agbor Nkongho

Faculty of LawBarrister Felix Agbor Anyior Nkongho.jpg

Nov 2018 16:00 to 17:30
Chancellor Day Hall NCDH 316, 3644 rue Peel, Montreal, QC, H3A 1W9, CA
Price:  Free

Felix Agbor Nkongho is an Anglophone Cameroonian human rights lawyer who is the immediate past president of the Fako Lawyers Association, vice-president of the African Bar Association in charge of Central Africa, and the founder and president of the Centre for Human Rights and Democracy in Africa.

Felix Agbor Nkongho is a leader in the civil society movement seeking to remedy the historic inequality, discrimination and marginalization of Anglophones in Cameroon. He has been actively involved in organising non-violent civil disobedience and protests calling for the protection of the culture and rights of Anglophone Cameroonians.

The Cameroonian government arrested Felix Agbor Nkongho in January 2017 along with other Anglophone activists and leaders in Cameroon. He was detained and faced several charges in the military court. In August 2017, those charges were dropped and he was released.

Felix holds an LLB and LLMs in both International and Comparative Law and International Human Rights Law. He has studied and holds degrees from the University of Yaoundé, the Nigerian Law School (Abuja), Vrije Universiteit (Brussels) and Notre Dame University (USA).

This talk is organized by Lawyers’ Rights Watch Canada (LRWC) and the Centre for Human Rights and Legal Pluralism.

Read the briefing notes released by LRWC on this topic:











http://www.icicemac.com/2018/10/25/lun-des-leaders-du-consortium-du-cameroun-barrister-agbor-balla-en-visite-dexplication-au-canada/ (FRANCAIS)

http://www.cameroonvoice.com/news/article-news-36008.html (FRANCAIS)

https://www.camerounweb.com/CameroonHomePage/NewsArchive/Crise-anglophone-l-mouvant-plaidoyer-de-Agbor-Balla-au-Canada-449772 (FRANCAIS)

https://www.camerounweb.com/CameroonHomePage/NewsArchive/Crise-anglophone-l-mouvant-plaidoyer-de-Agbor-Balla-au-Canada-449772?video=1 (FRANCAIS)