\u00a0Anthony Mwangi, Benard Gitau and Bernice Mbugua The government has refuted claims that State agencies are frustrating efforts by controversial Canada-based barrister lawyer Miguna Miguna to return home. \u00a0Government Spokesman Colonel (rtd) Cyrus Oguna said the lawyer is free to travel back to the country but must acquire the necessary travel documents. He said The International Civil Aviation Organisation (ICAO) categorised Miguna as unruly passenger during his deportation in March last year. \u201cHis unruly behaviour was seen to have the potential of threatening Category A1 Status of JKIA which took the country a lot of effort and work to achieve,\u201d said Oguna. He said the government is committed to jealously protect the new status by putting necessary safety and security measures in all airports. \u00a0He also said the government is aware of the existing court order on Miguna return and is ready to comply with it. Lawyer Miguna Miguna stranded in Germany. The lawyer has been stopped from boarding a flight to Nairobi over a red alert. Photo\/PD\/COURTESY \u201cHowever, according to ICAO, a passenger must have valid travel documents and Miguna is free to present himself to any Kenya Mission to obtain a passport,\u201d said Oguna. He, however, said it was puzzling why Miguna is yet to present himself to any mission for the documents. Earlier, thegovernment said it was not aware of why Miguna is not back in the country. State counsel Christopher Marwa told a nairobi court he had not been told how the government has denied entry into the country of self-declared National Resistance Movement leader. \u201cThe Government\u2019s position is that it is willing to facilitate his return back to the country,\u201d said the lawyer. The latest developments come even as Miguna is still held in France where he was barred from travelling after he was ejected from the Air France flight from Germany. We could not establish how Miguna managed to board the flight to France with the Red Alert still in force. Disobeying court orders Air France only issued a statement indicating that Miguna had been barred from boarding the Nairobi-bound flight. Gatundu South MP Moses Kuria hit out at the governmentyesterday for allegedly violating the law by disobeying court orders which had directed that Miguna be allowed into the country without conditions. \u201cIt is a pity that Miguna is now a vagabond languishing in a foreign country without any reason,\u201d Kuria told a press conference at Parliament Buildings. High Court Judge Weldon Korir was urged to dismiss the application by Miguna\u2019s lawyer as the government was not behind Miguna\u2019s woes. \u201cKenya has no control of the situation and if his travel documents are processed, he can come back to the country. The application has no basis and it should be therefore dismissed,\u201d argued Marwa. Miguna\u2019s lawyer John Khaminwa argued that the self-declared general had not been able to travel to Kenya because of the Red Alert allegedly issued by the State.\u201cIt is the government\u2019s responsibility to facilitate my client\u2019s return as he is in a foreign country,\u201d he told the court. State interference Khaminwa said he had spoken to Interior CS Fred Matiang\u2019i, who assured him that he is not opposed to Miguna\u2019s return. Justice Korir directed the State to file its response within the next 24 hours and extended orders he issued on Monday. \u201cI have considered the application by both the State and the petitioner and realised that the matter is urgent,\u201d he ruled. On Monday, the judge prohibited the State from interfering in any way whatsoever with Miguna\u2019s entry into Kenya. \u201cAn order is hereby issued directing the Registrar of the High Court to release to Miguna\u2019s lawyer or an authorised officer of the Kenya National Commission on Human Rights the copy of his passport currently under the custody of the Court for use by Immigration officers in his identification as a citizen of Kenya,\u201d ordered Justice Korir. The court further issued an order compelling Interior CS Fred Matiang\u2019i, Director of Immigration Alexander Muteshi, Inspector General of Police, Hillary Mutyambai and Director of Criminal Investigations George Kinoti to facilitate entry into Kenya. Justice Korir also issued an order that Khaminwa, who is Miguna\u2019s lawyer, to be granted unhindered access at all immigration and or port of entry areas.