Published: Sat, February 17, 2018

Kenya to appeal court ruling reversing deportation of opposition lawyer

Kenya to appeal court ruling reversing deportation of opposition lawyer

"Very surprised that Miguna Miguna has gone to court to be allowed to come back to his country of birth...what a cowardly act".

The controversial politician was however cautious that the government could ignore the court order and ultimately frustrate his efforts to reclaim back his Kenyan citizenship.

He sued Interior Cabinet Secretary Fred Matiang'i, immigration heads Gordon Kihalangwa, Mr Boinnet and Mr Kinoti for violating "constitutional, municipal and worldwide law on citizenship and right to a fair administrative action and dignity".

As reported on Wednesday by Zipo.co.ke, the fierce lawyer won the first round in his quest to squash the decision to eject him out of Kenya, after the High Court directed the immigration department to return Miguna's passport.

In a statement made through Karanja Kibicho, principal secretary in the Interior Ministry, the government said the ruling by Justice Luka Kimaru "is not in the best interest of the country" and vowed to appeal against it.

Law enforcement agencies in Kenya had explained that Miguna was held for confessing to having conducted the illegal "oath" of Odinga and declaring himself a leader of the outlawed National Resistance Movement outfit.

"In as much as the government respects the court's decision, the government still holds its earlier view that the deportation of Miguna Miguna was done in accordance with the law", added Dr. Kibicho.


But Kimaru, in his ruling, also ordered reinstatement of Miguna's citizenship and a status quo to be as of February 6 when he had ordered for his production in court for appropriate orders.

"CS Matiang'i declaration of Miguna Miguna as a foreigner and consequent deportation is declared null and void", Judge Kimaru ruled.

The court also ordered that the Director of Immigration surrenders Dr Miguna's passport to the deputy registrar of the High Court within seven days.

Ruaraka MP T.J Kajwang with advocate Miguna Miguna during the symbolic swearing-in of Raila Odinga as people's president at Uhuru Park on January 30, 2018.

He ruled that before taking appropriate legal action, he would give them another chance to clear themselves from their decision.

"Joshua Miguna Miguna lost his citizenship by operation of law upon acquiring his Canadian citizenship", the CS said in an affidavit.

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