Court: Miguna free to return to Kenya
- The High Court on Wednesday revoked the deportation of self-declared National Resistance Movement (NRM) general Miguna Miguna.
- Justice Luka Kimaru declared the revocation of Miguna's citizenship illgal, null and void.
- The judge also ordered the government to surrender Miguna's passport to the court in seven days.
The Nairobi High Court on Thursday revoked the deportation of self-declared National Resistance Movement (NRM) general Miguna Miguna to Canada nine days after the government ejected him from the country.
Justice Luka Kimaru declared the revocation of Miguna’s citizenship illegal, null and void.
“The declaration dated February 6, 2018 by the Cabinet Secretary for Interior and coordination of National Government Fred Matiang’i on the advice of the Director of Immigration services is hereby declared null and void and of no legal effect because it was issued in contempt of court,” ruled Justice Kimaru.
The judge also ordered the government to surrender Miguna’s passport to the court in seven days.
The judge gave the Director General of the Directorate of Criminal Investigations (DCI) George Kinoti and the Director of Immigration Services Gordon Kihalangwa a window to prove why they should not be cited for contempt of court.
Miguna was deported on February 6 for his role in the controversial “swearing in” of Mr. Odinga on January 30.
Dr. Miguna stood beside the opposition leader as he “took oath of office”.
Following his deportation, Matiangí said that Miguna was ejected for being in the country illegally as he had renounced his Kenyan citizenship in 1988 when he applied for Canadian citizenship.
After Matiang’i issued the orders, Miguna however vowed to fight back vowing he would return to the country.
After Miguna was arrested on February 2, Justice Kimaru ordered Inpector General of Police Joseph Boinnet and the DCI to produce Miguna in court on February 5.
Miguna was not produced in court and was instead deported.
The judge ordered Boinnet and DCI Director General Kinoti to appear in court personally to explain why they should not be cited for contempt of court.
They did not appear in court citing engagements but swore affidavits.
In their affidavits at the Milimani Law Courts (criminal division) on Friday February 9, DCI boss George Kinoti and Inspector General of Police (IG) Joseph Boinnet said neither of them acted in contempt of court for failing to produce Mr Miguna in court on Thursday February 8, as had been ordered by Justice Luka Kimaru.
In their affidavits, Boinnet and Kinoti indicated that they were prepared to produce Miguna in court but before they could do so, the immigration department took over Miguna’s handling on Tuesday evening and deported him.
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