Justice Chacha Mwita has ruled that controversial lawyer Miguna Miguna was unlawfully removed from Kenya as he is a Kenyan citizen. He stated that citizenship by birth could not be revoked.
“Even if the petitioner (Miguna) acquired Canadian citizenship, he did not lose his Kenya citizenship. He remains a citizen of Kenya,” Justice Mwita stated.
The High court also said that holding Miguna Miguna in incommunicado and failing to produce him in court was a violation of the lawyer’s rights.
The court also ordered the government pay Miguna Sh7 million as compensation for continued violation of his rights.
Justice Chacha Mwita has restated what I've maintained throughout: That the despots violated my fundamental rights, freedom and dignity and that I'm a Kenyan and never lost my citizenship. Thanks Dr. Khaminwa, @waikwawanyoike, @kamandamucheke, @NelsonHavi and other lawyers.
— Dr. Miguna Miguna (@MigunaMiguna) December 14, 2018
Miguna had stated that he did acquire his Canadian citizenship voluntarily as he went to Canada seeking political asylum.
The court had earlier dismissed the deportation of the controversial lawyer and had ordered the interior Ministry to deposit his passport at the High court, a decision which the ministry had vowed to appeal.
Miguna Miguna has faced a myriad of misfortunes after the revocation of his Kenyan citizenship. He was deported twice from Kenya as immigration officer claimed that he was not a Kenyan citizen and was required to reapply for his citizenship.
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