The Government has been given two days to respond to an application by lawyer Miguna Miguna who is seeking to be returned to Kenya from Canada.
Justice Chacha Mwita issued the order as lawyers representing the Opposition politician said he wanted to come back to face his accusers in person.
“Miguna wants to come back and prosecute the case against the violation of his rights in person. It is only desirable that the court orders his return to square it out face to face in court with those who have mistreated him,” said John Khaminwa.
Mr Mwita said the case was urgent and that he needed to hear why the Government deported Miguna despite an order to have him presented in court.
The dispute is whether the State can deport Miguna and declare him an unwanted person when he is a Kenyan citizen, and whether he was given a fair hearing.
“That is why it is only fair to hear what the respondents have to say before I make any decision on Friday,” said Mwita.
Lawyers Waikwa Wanyoike, Apollo Mboya, Nelson Havi and Khaminwa wanted the judge to order the Government to return Miguna, arguing his deportation was unlawful.
"Miguna is a son of Kenya and has automatic citizenship by virtue of birth, which cannot be taken away by any Government official."