Lawyer Danston Omari has defended the state over allegations of violating National Resistance Movement (NRM) leader Miguna Miguna's rights.

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Miguna is being held at the Jomo Kenyatta International Airport (JKIA), an aftermath of his Monday's return from Canada.

This going past the 24 hour maximum time under which one should be detained, before being arraigned in court, Omari noted that the law cannot apply in the vocal barrister's case.

He said that the rule is only effective if the person in question is under police custody, which is not the issue in Miguna's case.

"Miguna was not arrested and is not in police custody. He is being held by the Jomo Kenyatta International Airport (JKIA) authorities, making him an exception," he said on Radio Citizen Wednesday.

"Until he is booked in a police station or police post, he can continue being detained until the airport authorities make a reconsideration," he added.

The outspoken leader has since claimed that he has been locked up in a small dark toiled within the airport, after failing to follow the immigration department's admission due diligence.

His lawyers' attempts to rescue him have also not yielded any fruits.