The Immigration Department says it will comply with a court order issued on December 14th, 2018 to facilitate Miguna Miguna’s return into Kenya.
Miguna is expected to arrive in the country on Tuesday January 7.
” The Directorate has been informed that Dr. Miguna Miguna will travel to Kenya on Tuesday, January 7, 2020. The Directorate will facilitate Dr. Miguna’s entry into Kenya.” said a statement by Immigration Director-General Alexander Muteshi says.
Meanwhile, the High Court has issued orders restraining government officials from interfering with Miguna’s return to the country.
While deporting Miguna, the State had argued that the outspoken opposition activist lost his Kenyan citizenship when he acquired a Canadian passport at a time the Kenyan constitution did not provide for dual citizenship.
In 2018, the High Court ruled that the state violated lawyer Miguna Miguna’s rights by deporting him to Canada.
In his ruling, Justice Chacha Mwita further awarded Miguna Ksh 7 million for what the court found to be violation of his human rights.
Mwita further ruled that actions by Interior CS Fred Matiang’i and the other state officials amounted to an abuse of office.
The court also ordered the state to return Miguna’s passport since it was unlawfully confiscated.
Miguna was also awarded a further Ksh 207, 000 for damages to his house.
Mwita said the damages issued to Miguna were to act as a deterrent to similar violations of the law.
But while appearing before Parliamentary Committee on National Security in April, 2018, Interior CS Fred Matiang’i clarified that controversial lawyer was not deported but removed as an undocumented person.
The CS said if Miguna was deported, he would have signed a deportation order.
“We could not deport him as he was not in our jurisdiction. We removed Miguna as an undocumented, unestablished passenger on transit to his last port of call” said Matiang’i.
He told the members of parliament that they were not served with any orders from the court and went ahead to blame Miguna saying that the controversial lawyer vehemently refused to cooperate with authorities who were willing to process his entry into the country.
“Anticipatory Orders by Kenya’s Judiciary has become a tool for protection and impunity to criminals making it very hard for the Executive arm of the Government to execute its mandate,” he said adding, “What we did was in compliance with the Immigration laws. No one is exempt. The Pope had his passport stamped on entry. President Obama had his passport stamped on entry. Even President Kenyatta had his passport stamped on entry last night on arrival from Mozambique” he added.
He said he had lodged a complaint over the manner in which the judicial officers conducted themselves saying the government has been condemned unheard.
“Our actions are guided by law. Our responsibility is to implement the law. We have filed a complaint through the AG to the JSC on how this matter was heard. We cannot be contemptuous of a court order we have not been served .We were not heard and the court took some decisions based on lies”.