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Self-declared National Resistance Movement (NRM) general Miguna Miguna could soon return to the country following a ruling on Saturday by the High Court.
While hearing a case filed by Miguna on Saturday, Justice Chacha Mwita ruled that the fiery opposition lawyer must be physically present in court for the next hearing on May 18th.
"I expect Miguna to appear in court for the next hearing. The hearing will proceed by way of oral submission of evidence," the judge ruled.
Consequently, the judge directed the State to issue Miguna with a new Kenyan passport and facilitate his return to Kenya. On February 6th, Immigration authorities confiscated Miguna's Kenyan passport before deporting him to Canada on claims that he was a not a Kenyan national.
While making submissions before Justice Mwita, Miguna's lawyer James Orengo accused the State of disregarding court orders directing it to grant him entry into the country.
“This was a simple matter that should have been settled within a few minutes if the Government obeyed the court.” Said Orengo.
Miguna returned to the country on March 26th following his first deportation, but was denied entry at the Jomo Kenyatta International Airport. He was banished to Dubai about 72 hours after his arrival in Kenya.
Interior Cabinet Secretary Fred Matiang'i said that Miguna was not deported for the second time, stating that the government only returned him to his last port of departure after he declined to comply to airport clearance procedures.
"If he (Miguna) was deported I would have had to sign a deportation order."
“He was not in Kenya, he had not been cleared so he was not in our custody or jurisdiction. He was a passenger on transit who did not identify himself,” Dr. Matiang’i added when he appeared before National Assembly Committee on National Security.
Comments
I would second this thinking..... I hate our judiciary right now!
A real change in judiciary? My brother, get your head checked. The government is refusing to follow court orders and disobeying left, right and centers. Take Miguna out of the equation because it’s on you dislike the guy and say if it’s right for ANY government to treat its citizens s like that. This guy was allowed and able to run for a gubernatorial seat and all of a sudden after the “swearing in”he’s a non Kenyan? Rules are rules and have to be followed and laws are to be followed no matter if you like it or not. Without laws your a “banana republic “.
Odunga was transferred to Machakos in January 2018 which took effect immidietery.Can Ken tell Kenyans what your Odunga was doing in Nairobi station yet he was supposed to be in Machakos?Na Maraga anafunga macho tu.
Justice Chacha Mwita is fraud just like Odunga
We are tired of this circus. Let’s focus on development.
The government and the judiaciary system at war. Right up Miguna's alley. He will turn back and mock the judges once in. I am watching with interest. Miguna will be the game changer of how that "handshake" unfolds in the long run!
If anyone has eyes 👀 please look at what miguna and the state will accomplish.. a complete mockery of the judicial systems... this is very well being played by the state... they have to show cause and right now this judges are going for the bait.. miguna is a state project and will be deported yet again... its simple he knows what immigration procedures are not only as lawyer but someone that has travelled.. Miguna is a state project that will see maraga and couple of the judges hang themselves. # wewill revist..
Really why not solve this and we move on. Allow Mr. Miguna in Kenya freely after one week see if any concerns that will tarnish Kenya Image pops on.. I guess none. and End of Movie the rest courts to solve. Thank you
@Romeo23, your simplistic rationale is defeatist at best. Allowing Miguna in whilst by passing the rules would defeat the purpose of ...need I go into this? Miguna is like a bully and at best a spoiled child...give an inch to the likes of such character and they push for a mile. The government has to dig it's heel in and finish what they started, otherwise the message within is lost, and that is lawlessness. Period.
This drama between the Kenyans judiciary and the government calls for areal change in the judiciary. It's time for a jury system, where an individual judge will never make a decision affecting the country while they remain partial. Jury system a must to avoid one judge being bribed either by an individual or by a foreigner to decide for all Kenyans. This was our African way before colonization. When confronted with a case we went before a council of elders. If we adopted the Western democracy, we must adopt it all the way. Jury system!!! Judges are not gods. They are human beings. If they are compromised, it's time to translate laws so individual judges only make judgements that affect their home town and not matters affecting the whole nation. Such matters must be left to a jury.