High Court’s new order on Miguna deportation

High Court judge Chacha Mwita has given the state two days to file their responses in a case in which Lawyer Miguna Miguna is challenging his deportation and a decision to cancel his citizenship.

The Attorney General, through lawyer Charles Mutinda, indicated to the court that he was only served with the petition on Monday, February 13 at 5pm and asked the court for sufficient time to put in their responses.

“Give us time we file papers, we will abide by the directions of this court, we will respond as soon as possible so that the court can make its decision,” Mutinda said.

“There are underlying facts that needs to be brought to the court as to why the petitioner Miguna Miguna was deported.”

The court gave Mutinda until February 15 to file and serve their responses.

The court further directed the petitioner’s lawyers to file their supplementary affidavits before 11am on February 16 and appear for inter-party hearing on February 16 at 12 noon.

“I have heard the arguments by both parties and what I gather in this application is the question as to whether the respondents were right to deport yet he is said to be a citizen,” said justice Mwita.

The court also noted that there is a question on whether the respondents gave Miguna Miguna a fair hearing and whether they complied with the law.

Miguna’s lawyers led by John Khaminwa had asked the court to issue orders suspending the declaration that Miguna is not a Kenyan and return him to the county to defend himself.

Khaminwa said that such an order would send a clear signal that the respondents must obey basic elements of fair administration.

“We require promptness to restore the rule of law, order in this country,” argued Khaminwa

Lawyer Wanyoike Waikwa said that the most basic element of fair administration was not followed.

Waikwa argues that Miguna, whether a Kenyan or not, was entitled to a fair hearing.

Miguna also wants the court to grant an order suspending a gazette notice declaring the National Resistance Movement (NRM) to be a criminal organisation.