The Department of Immigration through its Director Mr. Gordon Kihalangwa says that National Resistance Movement self-proclaimed General Miguna Miguna was not a Kenyan citizen during his deportation on Tuesday, February 6. According to an affidavit provided on Miguna’s case, he is a Canadian citizen who fled Kenya as a political refugee in 1998.
“…The Applicant (Miguna Miguna) stated that, among others, that he fled the Country in 1998 as a political refugee and that he traveled to Canada without a Kenyan passport since his request for one had been declined in 1987…,” stated part of the affidavit.
Miguna, who was arrested from his Runda home on February 2 in connection to administering National Super Alliance (NASA) Raila Odinga’s oath-taking as the People’s President at Uhuru Park on January 30 was flown out of the country at night via a KLM flight to Toronto Canada via Amsterdam after being moved to different police stations.
In the affidavit availed to court after Miguna’s flight, Mr. Kihalangwa says the former Nairobi gubernatorial candidate obtained an illegal Kenyan passport on March 3, 2009, while he served as an advisor to the then Prime Minister Raila Odinga. The illegality is alleged as the country did not allow dual citizenship back and Miguna already possessed the Canadian one.
“I have perused Immigration file in relation to the Applicant and I noted the following;… That the Kenyan passport was issued to him without any legal backing despite the fact that he already had a Canadian passport and the then repealed Constitution did not provide for dual Nationality,” read part of the affidavit.
Mr. Kihalangwa also said that his office did not act in contempt of the court. This was in defense of being accused of deporting Miguna while the court was waiting for him. High Court judge Luka Kimaru had ordered Inspector General of police and the Directorate of Criminal Investigations (DCI) to arraign Miguna in court twice but the orders were not carried out.
According to Kihalangwa, his office was not aware that Miguna was wanted in court and had they known so, they would have complied.
“We were not aware of the orders of this Honourable Court as none had been served on the Department. Moreover, if any orders had been brought to the attention of the Department, we would have complied,” read another part of the affidavit.
PHOTOS: Department of Immigration affidavit
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