Miguna can regain passport, MPs told

Opposition politician Miguna Miguna will get his Kenyan passport back but only if he applies, MPs heard yesterday.

Outgoing Director of Immigration Gordon Kihalangwa told the National Assembly Committee on Security that the lawyer relinquished his passport in 1988, after he had left the country.

Mr Kihalangwa, who was being vetted for the position of Principal Secretary for Immigration, Border Control and Registration of Persons, maintained the Government was justified in deporting Miguna, whose passport was deposited in court as ordered by a judge.

Immigration Department lawyer Fred Ngatia said they surrendered the document in compliance with Justice Luka Kimaru's order on February 15.

“In compliance with the orders, we attach hereto the perforated passport of the applicant,” said Mr Ngatia.

The court heard that Miguna’s passport issued in March 2009, was confiscated on February 6 and perforated as soon as he was deported.

But in a quick rejoinder, Miguna said: "The respondents have not complied with Justice Kimaru’s order. The order clearly states the respondents must deposit the passport with the High Court Registry in seven days.

"That implies returning a functioning, valid passport in the same manner it was forcefully and illegally taken from me. The respondents were not ordered to return to court something else different from what they had illegally confiscated," he said in a statement sent from Toronto, Canada.

Miguna said defacing the passport should be seen in the light of the respondents’ continued contempt of court and violation of his rights.

Kihalangwa also faced tough questions on the recent confiscation of passports belonging to Opposition leaders. He said passports were State property and could be revoked if there was a problem.

“Miguna relinquished his passport two years after he left the country. I do not understand how he came back and operated in Kenya. He can however get it back his citizenship if he applies,” said Kihalangwa.

He said as PS, he would have all critical documents automated, adding he was determined to see Kenyans have one document bearing all their details.

Meanwhile, outgoing Coast Regional Co-ordinator Nelson Marwa told the Finance committee his relationship with those he worked with was guided by the law.

Rahim Dawood (North Imenti) expressed concern over his combative nature, citing his frequent clashes with Mombasa Governor Hassan Joho.

“I have been to every region of the country. I have a lot of experience and training both locally and abroad, and done all administrative duties. This will come in handy in my new post,” said Mr Marwa, nominee for Principal Secretary, Devolution.

Other PS nominees grilled were Julius Muia (Planning), Safina Kwekwe (Gender), Macharia Kamau (Foreign Affairs), Hamadi Boga (Agriculture), Peter Tum (Health) and Joseph Irungu (Water).

The teams are expected to table their reports on or before February 27.