Big win for Miguna Miguna as court gives new directives on his return
By Winfrey Owino
| November 22nd 2021
The High Court has ordered the Government to allow the return of lawyer Miguna Miguna into the country.
In a ruling by Justice Hedwig Ong’udi in a virtual court session today, the judge directed that Miguna obtain emergency travel documents from any Embassy/High Commission close to him within 72 hours.
The court has also directed Air France (and other airlines) to allow Miguna to fly back into Kenya aboard their planes.
Justice Ong’udi also directed the Immigration Department to allow the Canadian-based lawyer to use his Identity Card (ID card) for identification through the journey.
Through Justice Ong'udi, the courts have also asked Miguna Miguna to apply for a new passport immediately he jets in the country.
“I order you (Government of Kenya) to facilitate the entry of Miguna into Kenya. Anyone who is not satisfied by the Directions has the right of appeal,” Justice Ong’udi said.
“Thank you for the order you have given today Your Honor. We hope things will work this time,” Dr Khaminwa, one of Miguna’s lawyers said.
Barely a week ago, a lobby group moved to court seeking orders to force the government to allow the ousted lawyer back into the country and have the red alert issued by Kenya lifted.
The group was led by Law Society of Kenya (LSK) President Nelson Havi and former Chief Justice Willy Mutunga.
“We have gone back to court and sought a raft of orders, which if granted should enable Air France and the government to comply and allow Miguna back,” Havi explained.
On November 13, the High Court dismissed an application by the Canadian-based lawyer seeking to compel the government to lift a red alert stopping him from coming back to the country.
A team made up of his lawyers and three political parties claimed that the Attorney General had misled the court on the red alert notice, saying it does not exist.
They also wanted the French government to direct Air France to disregard the red alert on Miguna, and allow him to travel back to Kenya, whilst calling out national leaders for what they termed as “disregard of the law.”
While reacting to the Court order, Miguna took to his official Twitter account to say that he would be Kenyan Embassy in Berlin in the next 2 hours (around 4 pm).
He added that he would not visit any embassy to apply for citizenship which he maintains he has never lost.
“I'm not visiting the Kenyan Embassy to apply for citizenship which I never lost. The Court has once more affirmed that I am a Kenyan by birth who must enter Kenya as a Kenyan upon presentation of my National ID card. The Embassy has been ordered to issue a travel document,” he tweeted.
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