Why Raila never sued Miguna Miguna for defamation– Lawyer Paul Mwangi

Lawyer Paul Mwangi has revealed that the late Raila Odinga deliberately chose not to sue members of the fourth estate or former aide Miguna Miguna, despite pressure from allies who wanted him to pursue defamation charges.

Speaking during a live interview on Citizen TV’s JKLive show on Wednesday night, Mwangi, who served as Raila’s long-time legal adviser, said the former Prime Minister viewed criticism as part of public life and always sought to protect the country’s unity over personal battles.

He cited the post-2017 polls, during which Miguna wrote defamatory remarks against Odinga, as well as instances in his vast political career where Odinga differed with media reports.

“By the time I came out, he was outside the country, and there were already many people with different ideas of what we should do. Some people wanted a big defamation suit. Others were lobbying me to convince him to file it,” said Mwangi.

“There were even people who wanted to use the Office of the Attorney General to have me arrested and charged with criminal libel. I thought about it and I said no—my advice to him would be that we are not going to sue.”

Mwangi explained that he later drafted an article articulating Raila’s position on why he would not sue Miguna, noting that the statement eventually became a public op-ed published in the Sunday Nation.

“I told him, we need to explain the reasons, but I don’t want you involved because then it might appear as if you were defending yourself personally,” he recalled. “He called me the next morning and said, Okay, fine, you proceed. So I sent the article to the Nation, and on Sunday, it ran — there was a news item and a big op-ed explaining why Raila would not sue Miguna.”

The lawyer further revealed that the only time Raila came close to suing was when then-Garissa Township MP Aden Duale made remarks deemed defamatory. However, he clarified that even that case was never pursued to completion.

“How many times have we ever sued? None. We only sued Duale once, but we never served the summons. So technically, it’s zero,” Mwangi said. “We only sued to make a point, and even then, we didn’t sue the media. Never.”

He added that Raila viewed public criticism as a cost of leadership and a test of commitment to freedom of expression.

“We compared and concluded: you’ve never sued the media, don’t break that. And then we said, Look, whatever has been said is wrong, but this is freedom of expression. I am a public officer, and that comes with the territory. You will face defamation, you will face criticism—but it comes with the job," he stated.

Reflecting on Miguna Miguna’s role in the Office of the Prime Minister, Mwangi praised the controversial lawyer for his diligence and loyalty during Raila’s tenure.

“Maybe I need to say this, because I don’t think many people understand. The work Miguna did at that time, nobody else could have done,” he said.

“When he joined the Office of the Prime Minister, there was a very deliberate attempt to lower Raila’s stature as Prime Minister. And for the four years he was there, if there’s anyone who diligently fought to uphold the dignity of Raila Odinga as Prime Minister, it was Miguna.”

Mwangi further gave a glimpse into Odinga’s temperament as a leader, his preference for restraint over retaliation, adding that he was always consistent in defending democratic freedoms even when personally attacked.