The High Court in Nairobi has on Monday morning ordered the government to issue a new passport to deported former Nairobi gubernatorial aspirant Miguna Miguna.
The court further directed the state to allow the self-declared National Resistance Movement (NRM) general to return to the country pending the hearing and determination of a case he filed contesting his deportation.
Justice Chacha Mwita also ruled that Miguna is at liberty to use his Canadian passport to regain entry into Kenya should the Immigration department decline to issue him with a new travel document.
Justice Mwita further directed government to facilitate the firebrand politician's return to the Kenya on a date and time communicated to the respondent by the petitioner.
“During the petitioner’s first re-entry into Kenya, the chairperson of the Kenya National Human Rights Commission be allowed access to the immigration and customs clearance areas at the port of petitioner’s re-entry in order to observe the extent of the respondents observance of the relevant constitutional human rights and immigration laws applicable to the petitioner’s rights to reenter Kenya,” ordered the judge.
The court also suspended orders issued by Interior CS Fred Matiang’i on February 6th, declaring that the vocal lawyer was not a Kenyan citizen. He also suspended Director of Immigration Services Gordon Kihalangwa's February 5th order suspending Miguna’s passport.
Last week, the Immigration department surrendered Miguna’s passport to the court as directed by High Court judge Luka Kimaru.
However, the travel document had been perforated, with Kihalangwa telling the court that the perforation is a standard procedure done once a holder is ejected from the country.