Kenya Gov't Asks Court to Dismiss Miguna Miguna’s Case Against Lufthansa, Air France

The State on Tuesday asked the court to dismiss a case in which deported lawyer Miguna Miguna sued two international airlines over his failed trip to Kenya last month.

In an application filed at the Milimani Law Courts, Miguna is seeking an order compelling Lufthansa Airlines and Air France to fly him to the jurisdiction of the court within 48 hours pending the hearing and determination of the petition.

Through his lawyer John Khaminwa, Miguna further wants the court to bar the two carriers from flying to Kenya if they fail to transport him to the jurisdiction of the court.

The airlines barred Miguna from boarding their flights in Europe citing a red alert allegedly issued by the government of Kenya. The alert warned them against flying the firebrand lawyer to Kenya or any other African country.

Miguna in his petition claimed Lufthansa and Air France “willingly, and with great alacrity and glee, allowed to be recruited as agents of impunity and oppression by the Attorney-General and Cabinet Secretary for Foreign Affairs to contravene the Kenya Constitution, Kenya law, the laws of the European Union and international laws including the international aviation law and the human rights law.”

Responding to Miguna’s petition, the Attorney-General, through State counsel Emmanuel Bitta, said the court lacks extra-territorial jurisdiction to arbitrate on matters outside the Kenyan territory as defined under Article 5 of the constitution.

Further, the AG argued that the court has no jurisdiction to issue prerogative orders against private parties and urged it to dismiss the application by Miguna.

“The petition is premised on hearsay statements by a party other than the named petitioner which in and of itself constitutes inadmissible evidence as it doesn’t fit within the exceptions provided under section 33 of the Evidence Act of Kenya,” read court documents filed by the AG.

The AG further submitted that the court lacks the authority to suspend landing rights to international airlines in Kenya under the doctrine of separation of powers as that is the constitutional role of the executive.