, NAIROBI, Kenya, March 28 – Interior Cabinet Secretary Fred Matiangi, Immigration Principal Secretary Gordon Kihalangwa, and National Police Service Inspector General Joseph Boinnet have been ordered to appear before the High Court at 2:30pm over the detention of Opposition activist Miguna Miguna at the Jomo Kenyatta International Airport.
Justice George Odunga gave the order Wednesday afternoon after the State failed to produce Miguna in court in accordance with a directive issued by Justice Roslyn Aburili on Tuesday.
Justice Aburili had instructed that Miguna be forthwith released and presented before a duty judge on March 28 after advocate John Khaniri filed an application challenging his detention by immigration officials at the airport.
During Wednesday’s appearance, Justice Odunga instructed State Council – Japheth Mutinda – to consequently advice his clients to secure “a safe passage” for Miguna to court for at inter-partes hearing slated for 2:30pm.
The High Court judge said the matter will not proceed further until Miguna is produced in court.
Miguna has been in the custody of immigration officers since his arrival at the JKIA on Monday.
Airport authorities have blamed his detention to refusal to comply with immigration procedures for clearance.
He had been asked to avail his Canadian passport for clearance at the airport, a document he is said to have used to gain access to Kenya.
The Interior Ministry has maintained that the controversial lawyer is not a Kenyan citizen having failed to apply for the same.
According to the ministry, Miguna lost his Kenyan citizenship when he acquired Canadian citizenship under the former constitution when dual citizenship was forbidden.
Immigration officials had Tuesday presented Miguna with documents they had asked him to fill so as to have his Kenyan citizenship “regularized” a move Miguna resisted.
The outspoken opposition lawyer who unsuccessfully sought Nairobi county governorship in 2017 was deported to Canada by the government after he administered an oath on National Super Alliance leader Raila Odinga for the purposes of assuming a nondescript position of People’s President.
Odinga who at the time of taking the oath on January 30 had vowed not to recognize the legitimacy of President Uhuru Kenyatta has since reached out to him, inking a peace deal that has ended months of political hostilities between his brigade and the government.
Odinga had unsuccessfully tried to secure Miguna’s release on Monday night telling the press “I don’t know” when asked what he knew about a plot to deport Miguna again.
Miguna’s second deportation failed after he disrupted an attempt to have him board a Dubai-bound flight Monday night.