Miguna's Citizenship in Disarray As Gov't Appeals High Court Decision Revoking His Deportation

The government through Interior Cabinet Secretary Fred Matiang’i has filed an appeal against Thursday’s High Court ruling, which declared the deportation of former Nairobi gubernatorial aspirant Miguna Miguna to Canada illegal.

Through lawyer Fred Ngatia, the CS argued that Judge Luka Kimaru issued the order against him, when he was not a party in the case and was not given an opportunity to respond to any accusations levelled against him.

“The High Court had no jurisdiction to issue the orders that were made which, in essence, are orders which can only be made in judicial review proceedings or a constitutional reference,” lawyer Ngatia said in court papers.

The appeal came hours after Interior Principal Secretary Karanja Kibicho, in a statement to newsrooms, said the order issued by Justice Kimaru was “not in the best interest of the country”.

In his ruling, Justice Kimaru declared government's decision to order for deportation of Miguna as null and void, since it was issued in contempt of orders of the court.

“CS Matiang’i declaration of Miguna Miguna as a foreigner and consequent deportation is declared null and void,” Judge Kimaru ruled.

The judge further ordered the Immigration authorities to surrender Miguna’s passport to the court within seven days.

“It is trite that any action done in contempt of the orders of the court is illegal and has no capacity of being given recognition in the eyes of the law."

"It is evident that the action taken by Mr Kihalang’wa in furtherance of the contempt is illegal, null and void hence cannot have any legal effect,” judge Kimaru ruled.

Miguna was banished to Canada on February 6th, days after he was arrested for his role in the controversial oathing of National Super Alliance (Nasa) leader Raila Odinga on January 30th.