Canada-based Kenyan lawyer Miguna Miguna has said he won’t cancel his planned journey home despite an unfavorable ruling issued by the High Court on Friday.
In a ruling delivered earlier today, Justice Hedwig Ong’undi declined to lift red alerts issued by the government against Miguna preventing him from flying to Kenya.
The judge said there was no evidence showing that Miguna had been stopped from returning to the country.
“There is no evidence to prove the alerts exist. This court cannot rule on speculation to grant the orders he is seeking. Case dismissed,” Justice Hedwig said.
“Court being a Court of law expected him to adduce evidence to prove existence of the red alerts.”
Miguna claims that the red alerts have prevented him from boarding Lufthansa and Air France airlines for purposes of returning to the country.
Reacting to the ruling in a Facebook post, Miguna shared a screenshot of a tweet by Air France indicating that the red alerts were the reason the airline ejected him from its flight in January last year.
“On 7 January 2020, Air France published WRITTEN CONFIRMATION that it had received a ‘Request from Kenyan authorities to deny me boarding.’ It also confirmed that Lufthansa had received the same. I do not know what was placed before Ong’udi J. But this is evidence,” he said.
“I will proceed with my journey as previously communicated and in accordance with Justice Chacha Mwita’s Order of December 14, 2018 and Justice Weldon Korir’s Order of January 6, 2020. If I am blocked again, the matter will return to court. If not, see you soon. Viva!”
The barrister, who is set to travel on Tuesday next week, will be accompanied by former Chief Justice Willy Mutunga and Law Society of Kenya (LSK) President Nelson Havi.
Miguna was first deported in February 2018 after taking part in the swearing-in of ODM party leader Raila Odinga as the ‘People’s President’ at Uhuru Park on January 30, 2018.
He was deported, for the second time, on March 29, 2018, after spending more than 72 hours in a tiny room at the Jomo Kenyatta International Airport (JKIA) after authorities denied him entry into the country.
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.
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.