Exiled lawyer Miguna Miguna on Tuesday suffered a huge set back after the mentioning of his case was pushed to March 23.
Reacting to the postponement of the case, Miguna’s lawyer Dr John Khaminwa said his client is suffering in Europe where he has been camping for over two weeks after failed attempts to return home. The ruling was made on his absence.
“Dr Miguna Miguna is going through hell in Europe. He would like to return to his motherland,” Khaminwa said.
Khaminwa took issue with the counsel from the Attorney General for allowing the magistrate to decide on the case at 9 am, earlier than the agreed time of 11 am without their presence.
“It is our respective view that the counsel from the AG has not been candid enough. He should have explained to the judge that this matter was set for mention at 11 am,” Khaminwa said.
The seasoned lawyer said he’ll be filing an application on Wednesday morning to request the court to review the mentioning date.
“We intend to make an application tomorrow, by way of certificate of urgency to try and persuade the lordship to try and give us an early date and canvas the judge so that Miguna Miguna can return home urgently,” he added.
Kenya National Commission on Human Rights lawyer Victor Kamau, who was also absent when the ruling was made, echoed Khaminwa’s remarks saying the hearing began earlier than was scheduled.
On his part, Miguna announced, through his social media handles, that the state’s reluctance to cancel red alerts issued against him has left him with no option but to head back to Canada.
Miguna had earlier indicated that his stay in Germany had cost him over Ksh3 million.
“Having waited for Despot Uhuru Kenyatta and his appointees at the ministries of Interior and Immigration to obey court orders and revoke their illegal “red alerts” to no avail, I’ve no option but to return to exile in Canada. I’ll not surrender. The struggle continues. Viva!” he wrote.
The barrister 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 Airline cancelled 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.
This is despite fresh orders issued by justice Weldon Korir to compel the state to facilitate Miguna’s return home.
The government maintained that Miguna is freed to enter Kenya on condition that he applies for a new passport in any Kenyan mission abroad. Miguna dismissed the calls saying the state should grant him unconditional entry as per court orders.
On continued disobedience of court orders regarding Miguna’s case, Justice John Mativo directed the Attorney General Paul Kihara to issue an advisory opinion.
The lawyer’s passport was seized by the authorities in March 2018 before he was forcefully deported to Canada.
The state accused him of treason after swearing-in opposition leader Raila Odinga as the People’s President.
On December 14, 2018, High Court Judge Chacha Mwita ruled that the deportation was illegal and in violation of Miguna’s rights.
Justice Mwita ordered the state to facilitate his entry into Kenya by issuing him with a Kenyan passport.