Miguna now free to return to Kenya


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

In Summary

  • Justice Chacha Mwita on Monday ruled that should the government should to issue Miguna with a travel document, then the self-declared NRM general should be at liberty to use his Canadian passport to gain entry into Kenya.
  • Justice Mwita also suspended orders issued by Interior Cabinet Secretary Fred Matiang'i on February 6, 2018 declaring that Miguna was not a Kenyan citizen and that his presence in the country was contrary to national interest.
  • He also suspended the decision by Director of Immigration Services Gordon Kihalangwa made on February 5, suspending Miguna's passport.

The High Court in Nairobi has directed the government to issue lawyer Miguna Miguna with a travel document to enable him re-entry into Kenya pending the hearing and determination of a case he filed challenging his deportation.

Justice Chacha Mwita on Monday ruled that should the government fail to issue Miguna with a travel document, then the self-declared NRM general should be at liberty to use his Canadian passport to regain entry into Kenya.

The court also ordered the government to facilitate Miguna’s return to the country on a date and time notified to the respondents by the petitioner.

“During the petitioner’s first re-entry into Kenya, the chairperson of the Kenya National Human Rights Commission be allowed access to the immigration and customs clearance areas at the port of petitioner’s re-entry in order to observe the extent of the respondents observance of the relevant constitutional human rights and immigration laws applicable to the petitioner’s rights to reenter Kenya,” ordered the judge.

Justice Mwita also suspended orders issued by Interior Cabinet Secretary Fred Matiang’i on February 6, 2018 declaring that Miguna was not a Kenyan citizen and that his presence in the country was contrary to national interest.

He further suspended the decision by Director of Immigration Services Gordon Kihalangwa made on February 5, suspending Miguna’s passport.

On Wednesday last week, the government surrendered to the court Miguna’s passport as directed by High Court judge Luka Kimaru.

However, the passport had been perforated, with Kihalangwa telling the court that perforation of a passport is a standard procedure once a holder is deported.

Meanwhile, in his ruling on Monday, Justice Mwita also suspended Matiang’i’s order proscribing and declaring NASA’s National Resistance Movement as a criminal organisation.

Miguna was deported to Canada on the night of February 6, 2018 after being dramatically arrested for his role in the mock swearing in of Raila Odinga as the “People’s president”.

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Story By Benjamin Muriuki
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