Immigration speaks out on Miguna Miguna return

Monday, January 6th, 2020 14:35 |
Miguna Miguna.

Anthony Mwangi, Bernice Mbugua and Tom Rachuonyo

Controversial lawyer and self-proclaimed National Resistance Movement (NRM) leader Miguna Miguna, will not be barred from entering the country when he jets back tonight from Canada.

The Immigration Department told People Daily they have been instructed to allow Miguna entry without drama.

Later, the Director of Immigration Alexander Muteshi in a statement assured that the directorate had no intentions to detain Miguna upon his return from Canada where he was deported in February 2018.

“This is to confirm that full compliance with the court orders issued on December 14, 2018, the directorate will facilitate Miguna’s entry into Kenya,” read the statement.  

Produce identity card

Miguna, who has been in exile in Canada after he was deported, has maintained he will upon arrival at the Jomo Kenyatta International Airport (JKIA) produce his national identity (ID) card as required by law.

“The Constitution is clear and the High Court even pronounced itself in my matter and there is no way I can produce the Canadian passport. Kenyan authorities confiscated my passport and so they should produce one as ordered by the court,” Miguna said in an audio recording. 

Meanwhile, the State has been restrained from interfering in any way with Miguna’s entry into the country today.

“An order is hereby issued directing the Registrar of the High Court to release to Miguna’s lawyer or an authorised officer of the Kenya National Commission on Human Rights (KNCHR) the copy of his Kenya Passport currently under the custody of the court for the use by Immigration officers in his identification as a citizen of Kenya,” ordered Justice Weldon Korir.

The court further issued an order compelling Interior CS Fred Matiang’i, Muteshi, Inspector General of Police Hillary Mutyambai and Director of Criminal Investigations George Kinoti to facilitate his entry into the country.

Justice Korir also issued an order that Miguna’s lawyer John Khaminwa to be granted unhindered access at all Immigration and or port of entry areas.

The judge, however, declined to summon Muteshi to show cause why numerous orders issued by Justice Chacha Mwita allowing Miguna’s entry into the country upon declaration he is Kenyan by birth have not been complied with a year later.

Refuse re-entry

“The Petitioner is apprehensive that unless this court urgently intervenes and issues the orders prayed in this application, the respondents will frustrate/or refuse his re-entry into Kenya.

He is fearful they will torture him as they have done in the past. He also fears that they will detain and or kill him,” stated his lawyer Khaminwa in court documents.

According to Miguna, he is a citizen by birth and that he was born in Kisumu, Kenya of parents who were Kenyan citizens and he has never renounced or lost his Kenyan citizenship. He accuses police officers of destroying his Runda home and disobeying court orders.

“On February 2, 2018, a group of about 34 heavily armed men forcefully broke into the petitioner’s home by using an explosive detonator contrary to the law and without prior legal notification.

The petitioner would only learn later in the day that these invaders were police officers,” read his court documents.

He says he was forcefully and illegally removed from Kenya in contumacious contempt of the court orders.

“The respondents in blatant violation of the Constitution, citizenship and immigration law and international law, drove the petitioner to Jomo Kenyatta International Airport, forced him into a Royal Dutch Airline (KLM) Flight No. KL 566 and removed him to Canada,” stated his lawyer in court documents.

He accuses the State of forcefully and violently attacking him at the toilet-cell where he was held drugged him and put him in an aircraft owned/operated by Emirates Airline and illegally removed him to Dubai, the United Arab Emirates for the second time.

Meanwhile Miguna’s father-in-law has passed on. Benson Awange passed on Wednesday as he was being rushed to hospital after a heart attack.

 Miguna through his twitter handle expressed condolences to the family over the loss of his father in-law.

Even before he returns to the country, Miguna has had issues with the security apparatus after detectives confiscated his vehicle last week over unknown reasons.

The vehicle has since been released to friend Ferdinand Ogumah who was driving it at the time it was confiscated by the police.

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