Kariuki is expected to appear in person on Monday, January 13, Justice John Mativo ordered on Friday/CFM/FILE – Moses Muoki
NAIROBI, Kenya, Jan 10 – Attorney General Kihara Kariuki has been summoned in court to explain failure by government to comply with a court order to allow deported opposition lawyer Miguna Miguna back into the country.
Kariuki is expected to appear in person on Monday, January 13, Justice John Mativo ordered on Friday.
The judge issued the directive when an application by Miguna lawyers for sanctions against the government for violation of his rights came up for hearing.
He noted that only Kihara and the Solicitor General Ken Ogeto could explain why the exiled lawyer was yet to be allowed into the country amid indications that the government was yet to lift a red alert advisory against Miguna.
Friday’s session followed a directive by Justice Weldon Korir who Wednesday allotted the matter for hearing on Friday.
Justice Korir had ordered the government to file a response by Thursday, January 9.
Miguna’s lawyer Dr John Khaminwa, told the court his client is unable to travel to Kenya due an alert issued from the Office of the President.
He noted that President Uhuru Kenyatta while attending the funeral of the late Dr Charles Rubia gave an indication that Miguna should be allowed to return to the country.
Khaminwa further submitted that despite the Department of Immigration giving a similar assurance, a red alert barring Miguna still remained in place.
“The case of Miguna has become a waste of court time, media and advocates,” the lawyer told the judge.
Khaminwa said it was not clear who was behind the disobedience of several court orders by government hence the need for the Attorney General to offer an explanation.
He pointed out Justice Chacha Mwita had directed the State to allow Miguna into the country using his national identity card even as he ordered the immigration department to restore his passport which was illegally confiscated in February 2018.
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