The High Court has ordered the Kenyan government to facilitate exiled lawyer Miguna Miguna’s entry into Kenya.
In the fresh orders, Justice Weldon Korir barred the Immigration department and other State agencies involved in the case against interfering with Miguna’s return on Tuesday or any other date.
Taking to his Twitter handle Miguna welcomed the ruling thanking his lawyers led by Dr John Khaminwa, Valentine Khaminwa and Jeremiah Otomwa for fearlessly fighting for his citizenship rights.
Thank you to Dr. John Khaminwa, Valentine Khaminwa and Jeremiah Otomwa and the team of lawyers at Khaminwa & Khaminwa Advocates. The pursuit of truth and justice is reserved for the fearless, righteous and those with integrity. Viva! See you soon. #DespotsMustFall
— Dr. Miguna Miguna (@MigunaMiguna) January 6, 2020
Miguna, whose Kenyan passport was illegally taken by the government, announced on Sunday that he had boarded a plane from Canada.
He is expected in the country on Tuesday, January 7 at 9.25 PM.
In preparation for his entry, Miguna called on his legal team, Kenya National Commission on Human Rights (KNCHR), the Law Society of Kenya (LSK) to compel the state to obey court orders on his citizenship and issue him his Kenyan passport.
Meanwhile, the Immigration Department has announced that the firebrand lawyer will be granted unconditional entry into the country.
In a statement, Alexander Muteshi, the Director-General Immigration Services, stated that the government will comply with High Court orders dated December 2018.
PRESS STATEMENT pic.twitter.com/3V2Xe9fjNc
— Immigration Kenya. (@ImmigrationDept) January 6, 2020
In a ruling delivered on December 14, 2018, Judge Enock Chacha Mwita noted that Miguna’s deportation was unlawful and in violation of the Constitution.
Justice Mwita further affirmed that the cancellation and the declaration that he was a prohibited immigrant were unconstitutional.
He dismissed the government’s narrative that Miguna is not a Kenyan citizen.
“I find and hold that he did not lose his citizenship upon acquiring a Canadian passport,“ Justice Mwita mentioned concerning his passport.
The High Court also awarded the lawyer Ksh7 million as compensation for the violation of his rights during his deportation to Canada.
The self-styled revolutionary has in the past been deported to Canada twice. He was forced out of the country on February 7, 2018, after being in police custody for days following his arrest for presiding over former Prime Minister Raila Odinga’s oath as the people’s president on January 30, 2018.
He was deported, for the second time, on March 29 after spending more than 72 hours in a tiny room at Jomo Kenyatta International Airport (JKIA) after authorities denied him entry into the country.
This is after he refused to produce his Canadian passport at JKIA and insisted that he can’t enter Kenya as a foreigner.