Miguna closer to long-awaited return

Wednesday, December 1st, 2021 00:30 |
Lawyer Miguna Miguna. PHOTO/COURTESY

Canada-based deported Kenyan lawyer Miguna Miguna will now be able to travel to the country, after the government directed the Kenyan High Commissions in Ottawa and Berlin to facilitate his travel, by issuing him with the requisite travel documents.

Solicitor General Kennedy Ogeto in a letter addressed to the Law Society of Kenya President Nelson Havi, stated that Miguna will be issued with the travel documents once he fills the requisite forms.

“We have received confirmation from the Ministry of Interior that the Department of Immigration,  has been directed to instruct the immigration officers in Berlin and Ottawa, to issue Miguna with the travel documents upon him filling the requisite forms,” stated Ogeto.

Red alert

Miguna, who was to travel to Kenya on November 16, was stranded in Berlin, Germany after the country’s national carrier, Lufthansa, refused to fly him to Kenya citing the existence of a red alert issued by the government.

He moved to the High Court and sued the government for issuing the red alert and Lufthansa Group and Air France for denying him rights to boarding their planes.

Justice Hedwig Ong’undi had ordered Miguna to obtain emergency travel documents within 72 hours from either the Kenya High Commission, Ottawa Canada, or Berlin, Germany, or wherever he is to enable him travel to Kenya.

Miguna on November 23, claimed that the Kenyan immigration officials in Berlin had refused to hear him out.

“I found three Kenyan Embassy staff — Alexander Karuma, Emma Malinda and Esther Mungai — who showed so much hatred towards me and contempt for court orders, that one would be mistaken to think that Kenya belongs to them,” stated Miguna Miguna on his Twitter handle.

Justice Ong’undi had ruled that a Kenyan Identity (ID) card is not a travel document to allow Miguna to travel from Canada to  Kenya.

Miguna through his lawyers John Khaminwa and Nelson Havi had argued that a national ID card was sufficient for him to enter the country as a citizen.

In response to fresh application, the government refuted claims that it issued red alert against Miguna to airlines not to carry him back to the country

In an affidavit by Interior Cabinet secretary Karanja Kibicho, the State claimed the application by Miguna was based on hearsay and ought to be dismissed.

Justice Ong’undi  in her ruling  noted that Miguna was misguided as the Constitution requires all citizens to process a passport before engaging in international travels.

“Nobody has stopped him from entering the country, let him obtain the travel documents first,” she ruled.

She directed Foreign Affairs CS Raychelle Omamo to ensure the order is complied with.

“Once in possession of the emergency travel documents and upon presentation of the same, Air France should allow Miguna to board the available flight to Kenya with immediate effect,” ruled the Judge.

The Judge directed that Miguna, upon landing in Kenya, be allowed by the immigration officers to use his Kenyan identity card for purposes of identification.

“Upon entry, he should apply for Kenyan passport and the same to be issued to him within seven days provided there is compliance with requirements,” ruled the Judge.

Miguna woes began in 2018, after he was arrested on February 2, 2018 and held incommunicado for six days and on February 6, 2018, he was forcefully deported to Canada.

He will now have to apply for a new passport, once he lands in Kenya.

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