Controversial lawyer Miguna Miguna will not be returning to Kenya today as earlier anticipated.
This follows the Immigration Department’s hardline position that he has to apply for Kenyan citizenship before he can be issued with a passport, a position disputed by the fiery activist-cum-politician, his lawyers and the Kenya National Commission on Human Rights (KNCHR), which has been working to secure his return as had been ordered by the courts.
“In view of the refusal by the Department of Immigration to issue me with a valid Kenyan passport and facilitate my unconditional re-entry into Kenya as ordered by the High Court and formally requested by the Kenya National Commission for Human Rights on my behalf, and on advice from legal counsel, I have instructed my advocates to immediately bring to the attention of the court the continued wilful contempt of its orders,” Mr Miguna said in a statement from Canada.
“I was determined to arrive home on schedule, however, just before my departure, I reluctantly cancelled my flight to Nairobi and postponed my next arrival date. We will provide you with my new arrival date as soon as the court gives further directions on this matter,” he added.
Earlier, the Nation had reported that Mr Miguna’s lawyers were preparing to head to court on Wednesday to seek fresh orders and directions since the government is still not keen on letting him back.
This position has now been confirmed by Mr Miguna in the statement.
KNCHR vice chairman George Morara expects the court to give its position on the government’s stand by Friday.
Principal Secretary in the State Department of Immigration Gordon Kihalangwa last week said that Mr Miguna has to apply for Kenyan citizenship before he can be issued with a passport.
“The department cannot issue Mr Miguna with a valid Kenyan passport as he has not made any application for the same. Moreover, and without prejudice, we reiterate that Mr Miguna has to regain his Kenyan citizenship before being issued with a Kenyan passport,” Maj. Gen Kihalangwa said.
Mr Miguna fell foul of the Jubilee regime after he led the mock swearing-in of Nasa leader Raila Odinga as the ‘people’s president’ on January 30.
Following that, he was arrested and deported to Canada.
He was again deported to Dubai on April 29 after three days of standoff at JKIA. He left Dubai to Canada where he is currently living.
Of the people who participated in the mock swearing-in, only Dr Miguna remains in the crosshairs of the Jubilee regime after the case against Ruaraka MP Tom Kajwang’ grew cold and the passports of Siaya Senator James Orengo, Nasa strategist David Ndii and businessman Jimmy Wanjigi, which had been revoked, were returned to them following a court order.