Matiang'i Defends Decision to Deport Miguna to Canada, Wants Case Dropped

Interior Cabinet Secretary Fred Matiang’i has defended his decision to order for deportation of former Nairobi gubernatorial aspirant Miguna Miguna to Canada.

Responding to a case filed by Miguna at the High Court, Matiang'i maintained the deportation of the self-declared National Resistance Movement (NRM) general was within the law.

The CS noted that there was no way government would have continued to allow Miguna to benefit from blatant violation of provisions of the Constitution, as he acquired his Kenyan passport illegally, through political patronage.

Matiang'i, thus asked Justice Chacha Mwita, who is handling the suit, to dismiss it. “Joshua Miguna lost his citizenship by operation of law upon acquiring his Canadian citizenship,” the CS said in an affidavit.

On Thursday, High Court's Justice Luka Kimaru declared the deportation of the lawyer “null and void and of no legal effect”.

“I was informed by the Director of Immigration that Kenyans who became foreign citizens, who after the 2010 Constitution got back into the country and obtained Kenyan identification documents, cannot claim citizenship using the court process,” Matiang'i further notes.

The CS also denied he disregarded court orders, stating that he had never been served by anyone.

“I was never party of the proceedings, I have never been issued with any order neither personally nor by substituted service to date. I have never obtained nor received any order directing me to do or refrain from doing anything."

Miguna is challenging the decision by state to revoke his passport and citizenship through lawyer Nelson Havi.

Justice Chacha will rule on February 23rd.