The government has denied a role in the blocking of Miguna Miguna’s return to Kenya on Tuesday.
On Wednesday, government attorney Christopher Marwa told High Court Justice Weldon Korir that the government was not aware of why Miguna had not arrived in the country. Marwa said Miguna had not demonstrated how the government had blocked his entry into the country.
“Khaminwa (Miguna’s lawyer) has not said whether the Government has refused to allow Miguna Miguna back to the country,” Marwa told the court, adding that the government is not behind Miguna’s woes.
He reiterated that the government is willing to facilitate Miguna’s return and urged the court to dismiss the application by his lawyer, arguing that it has no basis. Marwa noted that Kenya has no control of the situation and if Miguna’s travel documents are processed, he can come back to the country.
On his part, Miguna’s lawyer John Khaminwa argued that it is the responsibility of the government to facilitate his client’s return as he is in a foreign country. He also said he had spoken to Interior Cabinet Secretary Fred Matiangi who assured him that he is not opposed to Miguna’s return.
Khaminwa asserted that Miguna has not been able to travel to Kenya because of the red alert allegedly issued by the State. Justice Korir ordered the government to file its response to Miguna’s application within the next 24 hours.
“I have considered the application by both the State and Miguna and realized that the matter is urgent,” he ruled.
The court set Friday, January 10th as the date for an inter-party hearing.
Miguna’s journey to the country aborted on Tuesday after two airlines - Lufthansa and Air France - declined to fly him citing a Kenyan government advisory. His lawyer moved to court on Wednesday to challenge what he termed as a continued violation of his rights by the government.