Another Miguna Miguna drama looms

Lawyer Miguna Miguna gestures reacts after being denied entry at the Jomo Kenyatta International Airport on March 27, 2018. He is set to return on May 16, 2018. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Mr Miguna had on May 5 announced that he would return to the country from Canada on Wednesday, May 16.

  • The Kenya National Commission on Human Rights wrote to Immigration Principal Secretary Gordon Kihalang’wa to issue Mr Miguna with a passport.

  • On access to the Immigration and Customs Clearance Area, Maj-Gen Kihalang’wa says that is not for his department to do.

  • Instead, he has referred KNCHR to the Kenya Airports Authority.

Self-declared National Resistance Movement general, lawyer Miguna Miguna, could again be headed for a confrontation with the Immigration department.

This is after the department maintained it will not issue him with a new passport unless he applies to regain his Kenyan citizenship.

Mr Miguna had on May 5 announced that he would return to the country from Canada on Wednesday, May 16.

“May 16, 2018, my return date to my motherland is now engraved on granite. Thanks patriots, #NRMKe comrades, colleagues like Stuart Russell, for keeping the flame alive. We shall triumph,” the lawyer tweeted.

The Kenya National Commission on Human Rights (KNCHR) wrote to Immigration Principal Secretary Gordon Kihalang’wa to issue Mr Miguna with a passport, buy him a flight ticket and facilitate the commission’s access to the Immigration and Customs Clearance Area of Jomo Kenyatta International Airport as was ordered by the courts.

VALID PASSPORT

But with just three days to the self-declared general’s return, Maj-Gen (rtd) Kihalang’wa wrote back to KNCHR informing them that the department will do none of the things in the commission’s letter.

“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 Kihalang’wa says in the letter dated May 10.

The Interior ministry also says that the demand to have the government purchase a flight ticket for Mr Miguna was not ordered by the courts.

On access to the Immigration and Customs Clearance Area, Maj-Gen Kihalang’wa says that is not for his department to do. Instead, he has referred KNCHR to the Kenya Airports Authority.

EMBARRASSING STANDOFF

Speaking to the Nation the vice-chairman of KNCHR George Morara faulted the Interior ministry’s stand which, he said, had all the markings that they were preparing for another “embarrassing” standoff.

“As far as we are concerned,  the orders that were given by the courts still stand and what the Immigration department is doing through that letter is showing their intent to continue disobeying those court orders which is very unfortunate. The court orders were very clear and they still remain clear and they have not been vacated,” said Mr Morara.

According to Mr Morara, asking Dr Miguna to come and apply for Kenyan citizenship is not what the court ordered.

ADMINISTRATIVE ACTION

“Our position is if, indeed, we want to say we have the three arms of government, then the Executive cannot be implementing laws that are whimsical. Anything else they have against Mr Miguna they should let him come and then have his day in court. That is what fair administrative action is all about,” said Mr Morara.

According to Mr Morara, in the spirit of the handshake between President Uhuru Kenyatta and ODM leader Raila Odinga, the government should not create another unnecessary scene at JKIA. Dr Miguna fell out with the Jubilee administration after he led the “swearing-in” of Raila Odinga as the “people’s president” on January 30.

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