Kenya-born lawyer Miguna Miguna has written to the head of public service Joseph Kinyua demanding facilitation to travel to Nairobi for William Ruto’s swearing-in on Tuesday.
Dr Miguna has given Mr Kinyua as the chairperson of the assumption of Office of the President Committee 24 hours to facilitate his travel by giving him emergency travel documents and lifting red alerts issued to airlines.
Through his lawyer Adrian Kamotho Njenga, Dr Miguna says government officials have in the past failed to comply with court orders, to facilitate his return to Kenya.
“Thus, your Committee has an overarching duty and legal obligation to ensure that our client is facilitated to attend the swearing in ceremony of the 5th President, His Excellency William Samoei Ruto, without fail,” Mr Kamotho says in the letter dated September 7.
Dr Miguna was deported in February 2018, days after his arrest, for the role he played in the mock swearing-in of Orange Democratic Movement (ODM) leader Raila Odinga on January 30, 2018.
He unsuccessfully tried to return to Kenya on March 26, 2018, forcing his lawyers to go to court.
The High Court directed the Ministry of Foreign Affairs in November last year to give him emergency travel documents, to facilitate his return.
The lawyer went to Kenyan missions in Germany and Canada as directed by the court but he could not get the travel documents.
Dr Miguna later moved to court saying he went to Berlin on November 22 and 23, last year but he was not issued with the documents as directed by the court.
He now wants Mr Kinyua to facilitate his return saying as a legitimate citizen and a ‘gallant son of Kenya’, he is entitled to, and indeed desires to be present during the swearing in of Dr Ruto.
“Accordingly, our instructions are to seek from you, which we hereby do, the immediate facilitation of our client’s return to his motherland. Further, may we have your earliest confirmation that all the red alerts and other unlawful restrictions that were ruthlessly imposed on our client have been lifted,” Mr Kamotho said.
The advocate also wants Mr Kinyua to replace Dr Miguna’s passport after his older one was destroyed.
“In view of the excruciating urgency of the circumstances, we look forward to hearing from you at the earliest and in any event, within the next twenty-four (24) hours,” he said.
“That since 24th November 2021, the date of the service of the order upon the Attorney General, the Kenya Missions in Berlin and Ottawa have remained at the disposal of the applicant but the applicant has not returned to seek the Emergency Travel Documents,” she said in an affidavit.
Dr Miguna is also seeking compensation of $10,000 (about Sh1.1 million) from the government, being the financial losses incurred during his aborted trip from Canada to Kenya in November last year.
A case is pending in court seeking to commit CS Raychelle Omamo to civil jail for allegedly disobeying the court order.