NAIROBI, Kenya, Nov 22 -Lawyer Miguna Miguna now says he will not re-apply his Kenyan citizenship at the Kenyan embassy in Canada because “I never lost it.”
Miguna was ordered by the High Court Monday to get emergency travel documents from either the Kenyan High Commission in Canada or the mission in Germany within 72 hours to enable him travel to Kenya.
“I’m not visiting the Kenyan Embassy to apply for citizenship which I never lost. The Court has once more AFFIRMED that I am a Kenyan by birth who must enter Kenya as a Kenyan upon presentation of my National ID card,” he declared, “The Embassy has been ORDERED to issue a travel document.” The Kenyan government has always argued that Miguna lost his Kenyan citizenship when he acquired a Canadian passport.
In her ruling, Judge Hedwig Ong’udi stated that Miguna had never applied for a passport and that his identity card cannot be described as a travel document.
She further directed the government to allow him entry into Kenya once he fulfills the stated requirements.
“The applicant was at liberty to visit the Kenya High Commission in Ottawa, Canada, where he would be issued with a one-way emergency travel certificate to enable him travel to Kenya,” she stated.
“This information must have been relayed to the petitioner as it is not denied. From the records, there is no evidence to show that the applicant has ever applied for a new passport or a r renewal’ of the old one,” the judge added.
Once in Kenya, she further indicated that Miguna should immediately apply for a Kenyan passport and the same issued to him within seven days as long as all requirements are complied with.
“Upon landing, he be allowed to use his ID for purposes of identification,” the judge stated.
Miguna’s plan to travel back to Kenya on November 16 was unsuccessful after Air France declined to fly him over a Red Alert issued by the Kenyan government.
Miguna said the airline informed him at Berlin’s Brandenburg Airport that he cannot board because of a newly issued Red Alert.
“This is to inform Kenyans and the world that Air France officials at the check-in counter at the Berlin Brandenburg Airport have just informed me that the Government of Kenya sent them a “red Alert” this (Monday) morning that they cannot fly me to Nairobi. I’m waiting for a copy, ” he had tweeted on the day he was expected to travel back to Kenya.
The Canadian-based lawyer had said in a statement that he would travel to Nairobi via Paris from Berlin.
Miguna later tweeted his declined boarding certificate from Air France that showed that he had been booked on flight AF1835 from Berlin to Paris connecting to Nairobi.
“They have refused to state the Red Alert. But they have indicated that it is obvious, and they empathize with me but that there is nothing they can do. Let our legal team get to work,” he added.
The self-declared National Resistance Movement (NRM) leader, who was deported in March 2018 after swearing in then opposition leader Raila Odinga as the People’s President, added that the matter will go back to court in the event he is not allowed to fly back.
Miguna had gone to court under a certificate of urgency seeking an order to have the red alerts against him lifted.
However, Justice Ong’udi dismissed Miguna’s application saying there was no proof showing that he had been barred from returning to the country.
He added that it was Miguna’s obligation to prove those facts before the orders can be issued.
“There is no evidence to prove the alerts exist. This court cannot rule on speculation to grant the orders he is seeking. Case dismissed,” Justice Hedwig said.
Miguna had argued that the government issued alerts to some airlines, Lufthansa and Air France included, to prevent him from using their planes to travel back to Kenya.
Former Chief Justice Willy Mutunga had announced on October 20 that he will accompany the deported activist during his return to the country.
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