Nairobi, Kenya: High Court Judge Chacha Mwita has ordered the reinstatement of National Resistance Movement (NRM) General Miguna Miguna’s passport.
Directive by Interior CS Fred Matiang’i declaring Miguna Miguna a non-citizen has also been suspended. Judge Mwita also ruled that National Resistance Movement is not an illegal outfit.
The director of Immigration Gordon Kihalangwa is to issue the NRM General with travel documents to Kenya and if he fails to do so Miguna Miguna is free to return to Kenya using his Canadian passport.
Kenya Human Rights Commission Chairperson Kagwiria Mbogori has been asked to make sure no harm comes to Miguna Muguna when he travels back to the country.
Earlier Judge Luka Kimaru had ruled that deportation of Miguna Miguna from Kenya on February 6 was illegal and had no merit in law.
But on the day the High Court decision was issued, the Government filed a notice of appeal on grounds that the High Court had no jurisdiction to declare null and void Miguna's deportation.
Miguna was arrested on February 2 for participating in NASA leader Raila Odinga's January 30 'swearing-in' and being a member of NRM, which was declared an illegal group.
Police refused to produce him in High Court, Nairobi, against Justice Kimaru's orders. He would be arraigned in Kajiado where the resident magistrate refused to hear the state's case against him and directed he first appear in high Court Nairobi and then take his plea in Kajiado at a later date.
Miguna Miguna also refused to take a plea in Kajiado insisting that he was supposed to appear in High Court, Nairobi.