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Court orders State to issue Miguna with travel papers

Miguna pic

Lawyer Miguna Miguna. FILE PHOTO | NATION MEDIA GROUP

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Summary

  • Combative lawyer Miguna Miguna has been directed to obtain emergency travel documents in Canada or Germany within 72 hours, to enable him entry back to the country.
  • Justice Hedwig Ong’udi said the lawyer, who was deported in 2018, to visit Kenya’s high commission in Ottawa or Berlin, or wherever he is so that he could be facilitated with the temporary travel documents. 

Combative lawyer Miguna Miguna has been directed to obtain emergency travel documents in Canada or Germany within 72 hours, to enable him entry back to the country.

Justice Hedwig Ong’udi said the lawyer, who was deported in 2018, to visit Kenya’s high commission in Ottawa or Berlin, or wherever he is so that he could be facilitated with the temporary travel documents. 

The Judge said Dr Miguna should be allowed to board Air France after obtaining the document and once in Kenya, the Immigration department should allow him to use his Kenyan ID to re-enter the country.

She said Dr Miguna should also apply for a new passport within 7 days, after complying with all the requirements

Dr Miguna was deported in February 2018, days after his arrest over his role in the mock swearing-in of Orange Democratic Movement (ODM) leader Raila Odinga on January 30, 2018.

He was also declared a prohibited immigrant, driven to Jomo Kenyatta International Airport and deported to Canada.

He tried to return to Kenya on March 26, 2018 but was denied entry and instead detained incommunicado and without food and access to his lawyers in a toilet at terminal 2 of the Jomo Kenyatta International Airport before he was flown to Dubai.

He tried coming back last week but was declined boarding Air France in Berlin. Dr Miguna maintains that he a citizen by birth and has never renounced or lost his Kenyan citizenship.

In a judgement in December 2018, the High Court found that Dr Miguna was illegally held and later deported from the country. The court said the lawyer’s rights were violated. 

In the ruling on Monday, Justice Ong’udi said there is no evidence, which show Dr Miguna has applied to renew his passport or apply for a new one.

“Nobody has stopped the applicant from entering Kenya. Let him obtain documents from Kenya’s high commission in Ottawa or Berlin,” the Judge said. 

While opposing the case, Interior PS Karanja Kibicho said he is aware that Dr Miguna was advised through Kenya National Commission on Human Rights to visit Kenya’s high commission in Ottawa to obtain an emergency certificate, so that would travel to Kenya.

Court documents show that the commission had on 5 November wrote to the Immigration department asking them to facilitate the lawyer’s return by issuing him with a Kenyan Passport.