Miguna Miguna’s return to the country has been delayed further after the High Court yesterday directed his case to be mentioned on March 23.
The setback came even as Attorney General Kihara Kariuki informed the court that the government was willing to allow Miguna back on condition that he applies for a new passport.
According to the AG, the government was also willing to allow Miguna (pictured) back using his national identification card.
The AG filed his report on the government’s disobedience of court orders before Justice Weldon Korir. He acknowledged that Miguna is a Kenyan citizen but asserted that Miguna’s passport expired last year.
“We take note of the petitioner’s admission that he is in possession of the national identity card which he has sought to use upon his return into the country. It has also been reported that this honourable court issued interim orders allowing the petitioner to use his national identification card to re- enter the country, and although the said orders have not been served on the respondents, the respondents have publicly indicted their intention to comply with the same,” stated the AG.
Justice Korir had issued orders directing the government to facilitate Miguna’s entry into the country. However, the AG argued that Kenya had no control over what happened in other countries.
“We do not know why the applicant has not flown back to the country. He is free to come to Kenya any time and we will facilitate his re-entry,” the judge heard.
Justice Kihara was of the view that Miguna’s passport remained a valid document until it expired in March last year. In court, however, the immigration tabled a perforated passport.
On one hand, Miguna asserts he had a valid travel document which was defaced by the government, hence, he should be issued with a new one or be allowed to travel using his identity card.
The State on the other hand insists that Miguna applies for a new passport which enable him fly back.
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