NAIROBI, Kenya, Nov 12 – Self-declared National Resistance Movement (NRM) leader Miguna Miguna has vowed to proceed with his return to Kenya even after the High Court rejected his application to compel the government to lift red alerts it had issued to airlines.
He said in a statement Friday that he will continue with his journey as previously communicated and in accordance with earlier court orders by Justices Chacha Mwita and Weldon Korir who ordered the government to facilitate his return to the country.
Miguna, who was deported in March 2018 months 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 blocked again.
“I will proceed with my journey as previously communicated and in accordance with Justice Chacha Mwita’s Order of December 14, 2018 and Justice Weldon Korir’s Order of January 6, 2020. If I am blocked again, the matter will return to court. If not, see you soon. Viva!” Miguna said in a tweet.
While dismissing Miguna’s application on Friday, High Court Judge Hedwig Ong’udi said 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 to prevent him from using their planes to travel back to Kenya.
While questing the High Court ruling, Miguna further said that the airlines had confirmed the existence of the red alert restricting his travel.
“On 7 Jan. 2020, Air France published WRITTEN CONFIRMATION that it had received a “Request from Kenyan authorities to deny me boarding.” It also confirmed that Lufthansa had received the same. I do not know what was placed before Ong’udi J. But this is evidence,” Miguna stated.
The controversial lawyer further claimed that the government through its spokesperson had confirmed the same.
“Government Spokesman Cyrus Oguna confirmed on live TV that the Government of Kenya issued the Red Alerts in June 2018. They can play games, subvert the constitution, disobey court orders, destroy my house, detain, torture and force me to exile, but they can never hide the TRUTH,” he added.
Miguna was slated to arrive in the country on November 16.
Former Chief Justice Willy Mutunga had announced on October 20 that he will accompany the deported activist during his return to the country.
In a statement, 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.