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The High Court on Thursday quashed an order by the government that saw self-declared National Resistance Movement (NRM) general Miguna Miguna dramatically deported to Canada nine days ago.
Justice Luka Kimaru ruled that the revocation of Miguna’s citizenship by the Immigration Department was illegal, null and void.
“CS Matiang’i declaration of Miguna Miguna as a foreigner and consequent deportation is declared null and void,” Judge Kimaru ruled.
In his ruling, the judge further ordered the Immigration authorities to surrender Miguna’s passport to the court within seven days.
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.
Interior Cabinet Secretary Fred Matiang'i and the Immigration Department said that the lawyer was deported for being in the illegally in the country.
In a tweet, Miguna welcomed the court ruling, stating that they will use the Constitution to fight injustices.
“Kenyan patriots and freedom fighters believe in and are fully committed to the Rule of Law. We shall use the Constitution as the spear and the shield in the fight against the despots,” Miguna said in a tweet.
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I TOLD YOU SO IN THIS FORUM! Miguna was denied DUE PROCESS, AND KUDOS TO THE HIGH COURT FOR ISSUING A JUST RULING. THE LAW MUST TAKE PRECEDENCE.CONGRATULATIONS TO THOSE FIGHTING INJUSTICE IN KENYA. #RESIST!
@Mbingu - there is a button on your keyboard labelled "Caps Lock" - ebu push it once and check whether its working - if its not working, i suggest you sell the computer and buy a new keyboard.
Not so soon; I think for now, you are safer in Canada. Also, realize NRM has been placed on a terrorist list. So, just in case you are allowed back, watch your back. They will get you.
He may be safer in Canada but he is a Kenyan, and the High Court has done the right thing. Also placing NRM as a terrorist group was unconstitutional and the Court overturned that too. So NRM is free to conduct their business in Kenya. Kudos to our judiciary for defending our constitution. Let the rule of the law prevail.
The government has the power to ignore the rule of law. Who, where and when did NRM label of a terrorist group become unconstitutional. NRM can conduct their business in Canada but not in Kenya. The will be hunted down.
'The government has the power to ignore the rule of law?' Little knowledge is truly dangerous. With supporters like you, Jubilee government does not need enemies!
Let us see whether this govt has any balls to keep miguna out of kenya or whether it is one big pu$$y like imara
Kenya is ShitHole; and so Pu$$y is a Lenient way to Describe her.
Calling Kenya a shithole country cos a nutty foreigner said so is equivalent to your dumbass going home and calling your wife or mother a whore cos a stranger said so.
Respect your country like you respect your mother.
FORWARD:
All elected and nominated servants of the people must pass a test based on the New Constitution of Kenya. Had Dr. Matiang'i read the constitution, he would not have used his emotions to make a haste decision which has now backfired. All the members of the executive, legislative must pass a test based on the new constitution.
If I were Miguna, I would rather live as a free man in Canada than fight to go back to Kenya only to languish for life in Kamiti Prison.
why does it seem to be adisconnect between the high court and the government.doesnt t he government contact its legal advisors before taking on the constitutional natters...or are they incompetent?
When Miguna gets his pp back he will go back to Kenya. He likes the drama and being on the news either for the right or the wrong reasons
Yes. Atakipata! Wacha arudi....treason charges and then jail. Afhadhali afenye double zake Canada.
Miguna, come home baby! they will be waiting for YOU!See, there will be no point in arresting the people's president, he is as old as dirt! Why arrest him and he only has a few more days to live before he dies? For you Miguna, its a different scenario...you will be charged and convicted of treason. Come baby come home will be jail for you! the government is not stupid. And by the way... what has the people's president done since he took oath kupayuka tu!Long live UHURU AND RUTO, to hell with barking people's president and his foolish and broke followers.
Look at the uthamakistan change course.You were the ones who said Miguna was done .Ati Deportation .Sasa you have started with the threats.Kwani Miguna was not in Kenya before.Your kamwana presso needs to realise the Judiciary si mama yake.Yeye na mkebe wa blueband are not above the law.Tena they have been outsmarted.How I would like to be a fly on the wall when the honorable kenyan immigration officer has to sign the order revoking the deportation.Yenyewe the more things change the more they remain the same.
FYI to loud mouths, if the government ignores these frivolous court orders, what will the incompetent and corrupt judges do .... Kimeru go arrest Matiangi, Boinet, Kinoti or Director of immigration?? There is absolutely nothing the judiciary can do to enforce their silly orders without the assistance of law enforcement agencies which are under the executive branch --- i.e., Uhuruto, Matiangi, Boinet, et.al. The executive branch also implements the constitution; not the judiciary whose function is only to interpret the constitution but can't enforce its interpretation without full cooperation of the executive. Better know facts before these ignorant morons start blowing hot air!!!
It's time to have a jury system in Kenya. No case should be decided by one man. Jury system. Let's copy the US all the way. Jury system is the only way. That is what saved Kenya during the elections
Sad. This Kimaru is the same judge who said he will not go home until Miguna is brought to his court. They need to take Miguna to Military tribunal if he return to Kenya. He is a general