NAIROBI, Kenya, Jan 8 – The High Court in Nairobi Wednesday directed the government to file a response on an existing red alert advisory on exiled opposition activist Miguna Miguna.
The court instructed the State Law Office to file its response by Thursday with the matter set for hearing on Friday.
Miguna’s anticipated arrival in the country flopped after two airlines declined to fly him citing a Kenyan government advisory.
Frankfurt-based German flag carrier Lufthansa rejected Miguna from its Nairobi-bound flight scheduled to touch down at 9.25pm on Tuesday. Air France later unboarded Miguna flight AF0814 at the Charles De Gaulle Airport in Paris citing a similar red alert Lufthansa had alluded to.
His lawyers moved to court to challenge what they termed as the continued violation of his rights by the State.
Through lawyer Dr John Khaminwa, Miguna told Justice Weldon Korir the red alert advisory categorically prohibited airlines from allowing him to fly to Kenya or any other African country.
State Counsel Christopher Marwa however told Justice Korir the State had complied with the orders issued on January 6, 2020, requiring immigration officials to allow Miguna unconditional entry into the country.
Miguna was controversially deported in 2018 after he obtained bail in a treason case arising from his role in what the government then termed as an unlawful oathing of former Prime Minister Raila Odinga as the People’s President.
Odinga was sworn at the Uhuru Park recreational grounds on January 30, 2018, with Miguna shooting into the limelight as the attorney who commissioned the oath.
He later emerged as a self-styled General of the National Resistance Movement (NRM) which was fashioned as a civil disobedience wing of the National Super Alliance (NASA) which sponsored Odinga’s 2017 presidential bid.
NRM refused to acknowledge the outcome of the October 26, 2017 fresh presidential which Odinga boycotted, Kenyatta garnering 7.5 million votes representing nearly all the votes cast at 98.3 per cent.
The poll had been ordered by the Supreme Court following a successful petition by NASA that resulted in the nullification of the August 8, 2017 presidential election in a majority verdict.
Tuesday’s attempt by Miguna to fly back to Kenya was the third unsuccessful attempt following his deportation on February 7, 2018.
His second attempt to return to the country failed after authorities forced him into a Dubai-flight on March 29, 2018, after spending some 72 hours at a detention facility at the Jomo Kenyatta International Airport (JKIA).
Miguna who vehemently resisted his deportation accused the police of sedating him before bundling him into the plane unconscious.
The Canadian-schooled lawyer who also holds Canadian citizenship has incessantly demanded to be allowed back into the country on his Kenyan passport which High Court Judge Chacha Mwita had ordered to be reinstated.
His lawyers had challenged the seizure of the travel document successfully challenging government’s position that Miguna had acquired it unlawfully.
The State argued that Miguna ceded his Kenyan citizenship when he became a Canadian citizen during the old constitutional dispensation which did not allow dual citizenship.