Judge orders release of Miguna from JKIA detention

The High Court has ordered the release of lawyer Miguna Miguna from detention at the Jomo Kenyatta International Airport (JKIA) in Nairobi.

Justice Roselyn Aburili issued the directive after lawyers representing Dr Miguna sought his unrestricted entry back into the country.

The judge directed that the activist be immediately released and that he presents himself before the court on Wednesday.

Lawyers John Khaminwa, Nelson Havi and Julie Soweto sued Interior secretary Fred Matiang’i, Immigration boss Gordon Kihalangwa, Inspector- General of Police Joseph Boinett and Directorate of Criminal Investigations investigations director George Kinoti.

They have also sued the officer commanding police division at the JKIA and the Attorney-General.

In sworn suit documents, the lawyers claimed that Dr Miguna had been held incommunicado in a toilet at Terminal 2 at the airport and that his Canadian passport had been withheld.

READ: Miguna Miguna refuses to fill citizenship forms at JKIA in Nairobi

They further argued that the sued parties had refused to comply with earlier orders issued by the court, which required them to issue him with travel documents to enable his return.

“He is justifiably apprehensive following the sued parties conduct that he will be abused, tortured, mistreated and unlawfully removed from the jurisdiction in order to frustrate orders of the court,” said Mr Havi.

“Furthermore, the sued parties have unlawfully seized his Canadian passport in a clear attempt to have him declared stateless and continue to violate his fundamental rights.”

The lawyers have requested the court to intervene in order to save their client from the continued prejudice since as a Kenyan citizen he is entitled to re-enter the country unrestricted.

Dr Miguna arrived in the country on Monday at 2.30pm.

However, the court was told that State agents at the airport attempted to violently put him aboard an Emirates Airline flight destined to Dubai on Monday night.