Miguna’s refusal to cooperate at airport complicated re-entry: KNCHR

March 29, 2018 6:31 pm
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“You cannot make an entry from a foreign country, even as a Kenyan, with a national identity. There are certain regulations”/JOSEPH MURAYA

, NAIROBI, Kenya, Mar 29 – The Kenya National Commission on Human Rights is now calling on lawyers representing controversial lawyer Miguna Miguna to advise him to use his Canadian passport to gain entry into the country.

The Commission Chairman Kagwiria Mbogoria says they expected Miguna, the self-declared General of the National Revolutionary Movement, to use his Canadian documents and have his day in court while in the country.

“I was disappointed with Miguna because the court order had allowed him to use his Canadian passport to gain entry in the country. He adamantly refused to use the papers he had used to travel with and his refusal really also boggled us also…” the Chairman of the state-sponsored Commission said on Thursday during a press briefing at their offices.

Mbogoria revealed that Miguna, “was a bit boisterous at the immigration desk. He did push around some immigration officers and forced his way to the baggage collection area. That was in breach of the immigration regulations.”

“You cannot make an entry from a foreign country, even as a Kenyan, with a national identity. There are certain regulations, and we are not all above the law.”

Even with that, she said the Kenyan authorities wrongly deported him to Canada on February 6 and would have processed his travel documents prior his arrival from Canada.

She said the commission is going to do a thorough analysis on any misstep that could have been committed by both the Kenyan authorities and Miguna, to ensure justice is served.

“Initially, there were some missteps on both sides but one of the things which we cannot override is the blatant breach of court orders; officers of the state orchestrated his first deportation out of the country. And also in blatant breach of orders of the court, they failed to re-issue the Kenyan passport they had perforated to facilitate his re-entry into the country as a Kenyan citizen. Miguna was adamant and very clear, loudly so, in his refusal to enter Kenya as a foreigner,” she said.

“That is where the stalemate started. There missteps and breaches which were so blatant because in the face of a court order requiring him to be produced in court, he was deported. And when he sought to come to the country, there are ways in which immigration department could have worked better to facilitate his re-entry, including sending temporary travelling documents but because there was an option for him to use his Canadian passport, he decided to use it in accordance with the court order.”

Miguna, she said, “should have continued to use the passport even at the Kenyan immigration desk, in order to regain entry and it would have been a non-event. We feel the debacle we were treated to on the night of Monday was completely unnecessary and only exposed Kenyans to ridicule, all over the world.”

Miguna was re-deported on Wednesday night and is currently in Dubai, where he has vowed not to take any flight other than the one that will return him to the country.

On Monday, the state attempted to deport him but he resisted.

Following the Monday incident, where Miguna was seen robustly rejecting any attempt to deport him, the Commission raised questions of his state during the deportation on Wednesday night.

“We saw his very boisterous and violent refusal to be boarded on the night of March 26. How was it that he was so compliant yesterday and yet at 8.30pm when our officer left him to go and buy him dinner, he was just as adamant that he was not leaving?” she wondered.

She wondered, “how was it that he was just there seated on seat 45J, peacefully and quietly, making no noise? This is Miguna. I don’t know what happened but I am just asking you, how did it happen?”

Before his arrival on Monday, the NRM General was out of the country for six weeks following his deportation on February 6.

During his stay in Canada and other countries he visited, Miguna continued agitating for electoral justice.

He also openly condemned Opposition leader Raila Odinga “for betraying the cause” when he shook hands with President Uhuru Kenyatta.

For electoral justice to be served, he insisted President Kenyatta and his Deputy William Ruto must vacate office.

His woes started following the role he played during the self-swearing in of Odinga as the ‘People’s President.’

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