A court on Tuesday, February 13, declined to squash the government’s declaration that deported Opposition activist Miguna Miguna is a prohibited immigrant.
Justice Chacha Mwita however gave the Attorney General until Thursday to respond to enable the court to give proper directions.
The National Resistant Movement General (self-appointed) was deported last week but has initiated a legal battle to have the State compelled to facilitate his unconditional return. Air ticket and all.
The application by Mr Miguna was opposed by AG’s lawyer Charles Mutinda.
“Citizenship is a question of facts, give us limited time we file our papers so that we can rebut, we will abide by the directions of this court and we will respond as soon as possible so that the court can make its decision,” Mr Mutinda said.
Giving the ruling, the High Court Judge agreed with the AG that it would be good to allow him to tell his side of the story before issuing any directives.
“What I gather in this application is there is the question as to whether the respondents were right in deporting the applicant yet he is said to be a Kenyan citizen,” Justice Mwita noted.
Adding, “There is the second question as to whether he was given a fair hearing, for this court to make orders it is important to hear the respondents and hear if they complied with articles of the Constitution.”
Lawyers John Khaminwa, Nelson Havi, Waikwa Wanyoike and Apollo Mboya had on Tuesday, asked judge Mwita to suspend the declaration by Interior Cabinet Secretary Fred Matiang’i, pending determination of the case.
Khaminwa argued that the Immigration department had failed to give Miguna a fair hearing. “He was removed from the country in blatant disobedience of court orders,” he said as quoted by the Star.
“We urge you to give orders so he can be returned to participate in the proceedings pending before the court. We require promptness to restore the rule of law,” Khaminwa added.
According to Waikwa, Miguna was entitled to a fair hearing and at the same time wondered how he was taken to Kajiado where a charge sheet indicated he was a Kenyan but was deported three hours later.
Miguna’s lawyers are expected to submit further responses by tomorrow mid-day ahead of the hearing of the case on Friday at noon.