Miguna, Matiangi ordered to appear in court at 2.30pm

The High Court has ordered that besieged lawyer Miguna Miguna, who is still detained at the Jomo Kenyatta International Airport (JKIA), appear at 2.30pm on Wednesday.

Justice George Odunga further directed that three top security officials also appear in court at the same time.

They are Interior CS Fred Matiang’i,  Inspector General of Police Joseph Boinnet and acting director of Immigration Joseph Munywoki.

“I will not accept affidavits or people coming to stand here in their place. They have to appear before me at 2.30pm in person,” the judge ruled, adding that the respondents will not be allowed a right of hearing until they comply with the summons.

In his submissions, State counsel Charles Mutinda had told the court that Mr. Miguna cannot exit the airport without processing, an argument Justice Odunga rejected.

“Are you saying that if someone commits a crime at the JKIA that person cannot be processed in this court?” he posed.

Mr. Mutinda however maintained that the respondents are not not in contempt of court, urging the court to give them time to file their responses, another plea that the judge declined.

“What is so difficult with bringing the petitioner here and asking the court to allow you to process what else you want. This court has the power to order that you hold the petitioner longer and even if you want to have him deported this court can grant that if so convinced,” Justice Odunga said.

On Tuesday,  Justice Roselyn Aburili ordered for the immediate release of Mr. Miguna from police custody at the Jomo Kenyatta International Airport but this was not to be.

The lawyer has been locked up at the airport since Monday when he arrived from Canada where he was deported to in February.

His return to Kenya has reignited a citizenship row, with the State insisting that he is not a Kenyan therefore needs to reapply for the status or seek a temporary visa to be allowed entry.

Mr. Miguna however insists he is a Kenyan by birth and declined to fill documents that the Immigration Department sent to the airport to regularise his citizenship.