Miguna Miguna now free to return Kenya
Nairobi. The government has reiterated that lawyer Miguna Miguna’s return to Kenya will be “low-key” and free of the drama that characterised his deportation to Canada in March 2018.
Government Spokesman Colonel (Rtd) Cyrus Oguna on Monday said the President’s remark on the controversial lawyer's return stands so he will be allowed back, but just like any other citizen - with valid travel documents.
The State's announcement came after the lawyer obtained orders compelling it to facilitate his re-entry on the basis of his identification through his national identity card or his withheld Kenyan passport.
THE ORDERS
Justice Weldon Korir further directed release of Dr Miguna’s passport, which is currently in the custody of the registrar of the High Court.
The Kenyan-born lawyer filed the application last week, stating that he was due to return to the country on January 7, aboard Lufthansa flight LH 590.
He said his return should be facilitated on the basis of his constitutional right as a Kenyan and in line with court orders.
Through lawyer John Khaminwa, Dr Miguna asked the court to issue orders restraining the respondents and their agents from interfering in any way with his return.
The respondents include Interior Cabinet Secretary Fred Matiang’i, former Director of Immigration Gordon Kihalangwa and Director of Criminal Investigations (DCI) George Kinoti.
“The application has been necessitated by refusal by the respondents to comply with numerous court orders, especially those that require that they facilitate the return of the petitioner to Kenya, following his removal by the respondents, in contravention of numerous court orders."
UHURU'S REMARKS
President Uhuru Kenyatta, at the burial of second liberation hero Charles Rubia in Murang’a County on December 30, 2019, said everyone has a right to the freedom of expression.
In a veiled reference to Dr Miguna, he said, “I have heard that some people are now planning to fly into the country. Let them come because that is their freedom."
Col. Oguna told the Nation, “The head of state made a pronouncement that he is free to come back. That is still the government’s position."
He added, “Had new realities or dynamics emerged after the head of state spoke, they would have been made public."
Col Oguna said, however, that Dr Miguna must adhere to all travel procedures.
“He must have valid travel documents like any other Kenyan or traveller,” he said.
DOCUMENTS
The Immigration Department issued a statement on the matter on Monday afternoon.
Director of Immigration Alexander Muteshi said they will facilitate Dr Miguna’s return, having been informed about it.
“This is to confirm that in compliance with the court orders issued on December 14, 2018, the directorate will facilitate Dr Miguna's entry into Kenya.”
In a tweet shorty after, however, Dr Miguna said, "Patriots, ignore the statement by Alexander Muteshi. It is their inept damage control after the High Court orders today.
"Let the rogues comply with all the court orders issued today and the numerous ones issued in 2018. A good start would be their delivery of my Kenyan passport."
DEMANDS
Dr Miguna announced that he will arrive at the Jomo Kenyatta International Airport (JKIA) in Nairobi at 9.25pm on Tuesday.
In a tweet on Monday morning, he said he did not want any preferential treatment.
The self-proclaimed general of the National Resistance Movement (NRM, that arose after the disputed 2017 presidential election, wants the Immigration Department to use his identification card or his Kenya Passport in the form it is in, as directed by a judge in 2018.
His lawyer, he also said, should have full access to all immigration and port of entry areas, where he will be processed.
“I want and demand all my rights and fundamental freedoms to be respected. I want my valid Kenyan passport back. I want court orders to be obeyed and complied with. I must enter Kenya unconditionally as a Kenyan,” he said on Twitter.
SECURITY
Dr Miguna also wants Mr Kihalangwa summoned to court and show why court orders, including one by Justice Chacha Mwita on December 14, 2018, have not been observed.
Justice Mwita directed the government to return his passport and awarded him Sh7.2 million in damages for violation of his rights and destruction caused at his house in Runda, Nairobi.
Dr Miguna was first deported in February 2018, days after his arrest for the role he played in the mock swearing-in of Orange Democratic Movement (ODM) leader Raila Odinga as the people's president on January 30 that year.
He unsuccessfully tried to return to Kenya on March 26, 2018, forcing his lawyers to go to court.
The lawyer will return not bearing the ‘security threat’ he left with, the government having confirmed that it will not beef up security at the airport.
“He is coming back the same way any person would come back to Kenya and to that extent, there are better things to address,” Col. Oguna said.
