NAIROBI, Kenya, Oct 20 – Former Chief Justice Willy Mutunga is set to depart for Canada to join deported activist Miguna Miguna ahead of his expected return to the country on November 16.
In a statement issued on Wednesday, Mutunga faulted the State for what he termed as a flagrant violation of the law and multiple court orders directing the Immigration Department to restore Miguna’s confiscated Kenyan passport and allow him back to the country unrestrained, says he has taken the initiative to defend judiciary’s independence.
“I have decided to undertake this journey to support and defend the independence of our judiciary, its authority, and the people’s confidence in it,” he stated.
Mutunga further called out the government for infringing Miguna’s rights by not allowing him entry to his motherland, despite numerous court orders that allow him to do so.
“Miguna has a court order that grants him safe passage into the country. Ideally, he should be able to enter and leave the country as he pleases but that is not the case. I demand that the government comply fully with the orders, including the prompt payment of all awards, costs and accruing interest. Justice demands no less,” he said.
Mutunga who served as Kenya’s first Chief Justice under the 2010 Constitution also challenged the State to purge contempt findings against Interior Cabinet Secretary Fred Matiangi, the Immigration Director General Gordon Kihalagwa, former Police boss Joseph Boinnet and Director of Criminal Investigations George Kinoti.
“To date, none of the contemnors has purged their contempt. They, therefore, continue to undermine the rule of law and to violate the oath of office they took as state officers,” he said.
The three, alongside Flying Squad chief Said Kiprotich, were fined Sh200,000 each after Justice George Odunga found them to be in contempt of court.
Mutunga also urged the government to retract red alerts issued against Miguna to allow him seamless entry in the country in November.
Miguna was deported to Canada in 2018 after he swore in Orange Democratic Movement leader Raila Odinga as the ‘People’s President’ after the Orange Party contested the 2017 General Elections.
In the deportation order, Interior Cabinet Secretary Fred Matiang’i stated that Miguna was in the country illegally and his presence in Kenya was detrimental to national interests.
The State insisted Miguna lost his Kenyan citizenship after acquiring the Canadian citizenship at a time the country did not allow dual citizenship