The High Court has given lawyer Miguna Miguna 72 hours to obtain an emergency travel document to facilitate travel back to Kenya.
Justice Hedwig Ong’undi directed the Canada-based barrister to obtain the document from the Kenyan High Commission in Ottawa Canada or Berlin Germany.
Once in possession of the document, the judge ruled, Air France should with immediate effect allow him to board an available flight to Kenya.
“Upon landing, he be allowed to use his ID for purposes of identification,” ordered Justice Ong’undi on Monday.
After landing, Miguna will be required to apply for a Kenyan passport which will be issued in a week’s time as long as all requirements are complied with.
Last week, the advocate sought orders compelling the government to lift a red alert.
The red alert was allegedly issued on Monday last week ahead of his much anticipated return on Tuesday, November 16.
Through his advocate John Khaminwa, Miguna argued that the government lied to the court that it had not declared him a prohibited immigrant.
Miguna also sued Air France for refusing to hold up its end of the bargain.
“I called and spoke to the petitioner today when he confirmed to me that the second respondent (Air France) refused to let him board the plane on account of a red alert issued by the government of the Republic of Kenya and that it could not give him the document which the red alert is evidenced,” argued Khaminwa.
Responding to Miguna’s application, Interior PS Karanja Kibicho said no government agency has issued any red alert to the Lufthansa Group and Air France in relation to Miguna’s return.
In a sworn affidavit dated November 17, Kibicho asked the court to strike out the application saying it’s based on hearsay and inadmissible evidence.
More details follow