The Attorney General (AG) Paul Kihara has asked the court to dismiss a case filed by Lawyer Miguna Miguna suing two international airlines, Lufthansa Group (German Airlines) and Air France.
Through the State Counsel Emmanuel Bitta, the AG has indicated that the courts had no extra jurisdiction to adjudicate matters outside the Kenyan territory.
Ideally, according to the AG, under Article 5 of the constitution, there is no jurisdiction to issue prerogative orders against private parties.
“The petition is premised on hearsay statements by a party other than the named petitioner which in and off itself constitutes inadmissible evidence as it doesn’t fit within the exceptions provided under section 33 of the Evidence Act of Kenya,” reads the responses.
In addition, Bitta further stated that the court could not grant or suspend landing rights to International airlines in Kenya as stipulated under the doctrine of separation of powers.
The two airlines were dragged into the Citizenship war detailing Miguna following his illegal deportation in Canada as well as exile while aboard the flight.
The barrister had arrived in Berlin, Germany, on Sunday, January 5 from Canada and was scheduled to board a connecting flight to Nairobi’s Jomo Kenyatta International Airport (JKIA).
However, Lufthansa Airlines canceled his flight citing instructions from the government of Kenya.
Miguna’s attempt to board Air France was also thwarted after authorities ejected him from the plane shortly after boarding.
The red alert that was allegedly issued from the office of the President, threatened to deny the airlines landing rights if they flew Miguna to Kenya or any African country.
Following unsuccessful attempts to gain entry into the county, the embattled lawyer resorted to returning to Canada.
In a tweet on Tuesday, the exiled lawyer announced that the state’s reluctance to cancel red alerts issued against him has left him with no option but to head back to Canada. He has been camping in Germany for over two weeks.
I arrived in Berlin, Germany, on January 5, 2020. On January 6, 2020, I was blocked from boarding @lufthansa and later @airfrance to Kenya because Despot Uhuru Kenyatta had issued illegal "red alerts" and threatened withdraw landing rights to all airlines that flew me to Nairobi.
— Dr. Miguna Miguna (@MigunaMiguna) January 21, 2020