Court orders Migunas immediate release from JKIA

Court orders Migunas immediate release from JKIA

The High Court has ordered for the immediate release of Miguna Miguna who is being detained at the Jomo Kenyatta International Airport in Nairobi.

Justice Roselyn Aburili issued the order on Tuesday afternoon directing that Miguna be produced in court on Wednesday, March 28.

The directive was issued after Miguna’s lawyers, John Khaminwa and Nelson Havi, moved to court seeking his immediate release and unrestricted right to enter and remain in the country on the basis of his Kenyan passport and his Kenyan ID card.

The lawyers also sought orders barring the government from further deporting Miguna.

Miguna was detained at JKIA after he declined to present to the Immigration officials the Canadian passport he used to travel back to Kenya as well as apply for a visa.

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He has been at the airport for more than 24 hours since landing on Monday at 2.30pm.

In the court documents, Miguna says the government has ignored court orders and refused to allow him re-entry into the country, in addition to unlawfully and forcefully removing him from the jurisdiction.

“The petitioner is currently being detained incommunicado in a toilet at Terminal 2 at Jomo Kenyatta International Airport on Nairobi,”claims Nelson Havi

Havi argues that Miguna is entitled to re-enter the country unconditionally ,unhindered and unrestricted.

“The respondents have unlawfully seized the petitioners Canadian passport in a clear attempt to have him declared stateless and continue to violate his fundamental rights and freedoms,”claims Havi.

The lawyers added that Miguna is apprehensive that he will be tortured, abused and illegally removed from the jurisdiction in order to frustrate the orders of the court.

Those named as respondents in the case include Interior Cabinet secretary Dr.Fred Matiangi, Inspector General of Police Joseph Boinett, Director of immigration Gordon Kihalagwa, DCI boss George Kinoti among others.

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