Gov’t to appeal ruling on Miguna’s compensation


File image of Lawyer Miguna Miguna. PHOTO| COURTESY
File image of Lawyer Miguna Miguna. PHOTO| COURTESY

Attorney General Paul Kihara Kariuki is set to contest High Court judge Chacha Mwita’s verdict that directed the government to compensate lawyer Miguna Miguna for declaring him a prohibited immigrant and deporting him from the country.

Kariuki filed a notice of appeal immediately after the verdict, and will file a substantive appeal on Monday.

Justice Mwita had ruled that Miguna’s unceremonious deportation in February was unconstitutional, saying Miguna did not lose his Kenyan citizenship when he attained the Canadian citizenship in 1988.

“…The government’s deduction to cancel Miguna Miguna’s passport and declaring him prohibited immigrant is unconstitutional and is hereby declared null and void,” read the ruling.

The judge awarded Miguna Ksh.7.2 million in damages, and ordered Interior Cabinet Secretary Dr. Fred Matiang’i and the then Immigration Director General Gordon Kihalangwa to foot the bill.

The court further ruled that even though the respondents (the government) did not like his abrasiveness, they are bound to adhere to the rule of law and protect his constitutional rights and human rights.

“I find and hold that he did not lose his citizenship upon acquiring a Canadian passport,” ruled Justice Mwita.

The court termed Miguna,who was deported to Canada in March, a political refugee without a passport in Canada adding that even if he were to be removed from the country, the law had to be followed which entails fair administrative act and hearing.

“Miguna Miguna was entitled to due process… declaring Miguna Miguna a prohibited immigrant cannot stand since he is a Kenyan citizen,” read the ruling.

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