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He said when Mr Miguna was arrested, the Canadian government had written to Kenya expressing concerns that their citizen was being harassed and they wanted him back.

"Their complicity would have led to thousands of deaths of innocent Kenyans."Broadcasters, fearing arrest, or confined themselves to their offices as plainclothes policemen circled their headquarters.Nerves over Odinga's symbolic protest had been frayed enough in government for a warning to be issued to local broadcasters the day before not to cover the event.Larry Madowo was one of those journalists". "The laws are clear".

Miguna has been in police custody since Friday morning when he was arrested dramatically from his Runda house, which was extensively damaged.

High Court Judge Luka Kimaru has this time ordered IG Boinnet and DCI Kinoti to personally appear in court on Tuesday morning with Miguna Miguna.

Miguna's advocates now want the court to direct the Kajiado court to release their client and his file to the Milimani court.

Justice Kimaru had directed that police present him before court Wednesday at 11am.

On Tuesday evening, Nasa supporters who had filled the Milimani courtroom were restless on whether he had been freed after Judge Kimaru ordered for his release.

He told the court that the Government had demonstrated its malicious intention to harm Opposition leaders by arresting them in Nairobi, taking them to various police stations, and refusing to produce them in court.

Miguba Miguna, a Kenyan opposition leader who was arrested last Friday for his presence at the "swearing-in" ceremony of opposition leader Raila Odinga has been charged with treason.

He was also charged with being a member of the outlawed National Resistance Movement and organising an illegal assembly at Uhuru Park where the oath was taken on January 30.

However, high court judge Judge Luka Kimaru has directed the DPP to appear before court this afternoon to confirm whether Miguna has been charged.

As the Court ordered a fresh election for October, President Uhuru Kenyatta, bitterly disappointed by the judges' decision, declared with grace, "I don't agree with the decision, but I respect it".