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The High Court has ruled that deported Kenyan lawyer Miguna Miguna is a Kenyan citizen.
In a ruling on Friday, Justice Chacha Mwita states that the firebrand politician's birthright cannot be taken away and has ordered the respondents; Interior Cabinet Secretary Fred Matiang'i and Immigration Principal Secretary Gordon Kihalangwa to pay him Sh7 million as compensation for violation of his rights.
“…The government’s deduction to cancel Miguna Miguna’s passport and declaring him prohibited immigrant is unconstitutional and is hereby declared null and void.” reads Justice Chacha's ruling.
Justice Mwita has further ruled that the self-declared National Resistance Movement (NRM) general didn't lose his Kenyan citizenship by acquiring a Canadian passport.
“I find and hold that he did not lose his citizenship upon acquiring a Canadian passport,” rules Justice Mwita.
The court also states that the respondents unlawfully ejected Miguna from the country since they didn't give him a chance to defend himself.
“Miguna Miguna was entitled to due process… declaring Miguna Miguna a prohibited immigrant cannot stand since he is a Kenyan citizen,” read the ruling.
In a tweet following the ruling, Miguna says:
"Justice Chacha Mwita has restated what I've maintained throughout: That the despots violated my fundamental rights, freedom, and dignity and that I'm a Kenyan and never lost my citizenship."
Miguna was first banished in February after he administered an 'oath' to National Super Alliance (NASA) leader Raila Odinga during a mock swearing-in ceremony held at Uhuru Park in Nairobi on January 31st.
Kenyan immigration authorities again deported him to Canada in March after he attempted to return to the country.
The Immigration Department insists that Miguna denounced his Kenyan citizenship after acquiring a Canadian passport in 1988. It says the lawyer must apply afresh to regain his Kenyan citizenship.
Comments
A luta Continua.😂😂😂😂😂
You are correct.
Matiangi is a Chinkororo.
Chinkoror is a criminal gang based in Kisii.
So I don't expect a member of a local criminal gang to pay.
He is just a local thug.
Transparency International has ranked Kenya's Judicial system as one of the most corrupt Judicial systems in the World. It says although the Kenyan Judicial system is run like a mafia organization it's more powerful than an ordinary crime organization because it powers are embedded in the constitution. Transparency International further claims that the system is compromised by corrupt Attorneys, Police officers and Judges who all work in cahoots. It is therefore not a surprise a Judge in such corrupt system would declare a renegade terrorist a victim and award him monetary compensation. The decision of the Kenyan High court Judge to award a well known Canadian terrorist Kenyan Citizenship is a mockery to the whole justice system and can only lead to more bloodshed in Kenya. That decision solidifies an often said sentiment that with money in Kenya everything is on sale(Chinese have discovered that). Who knows how much is the cut for this Judge out of this seven million he awarded. I mean a rational Judge would and should not award a declared terrorist whose actions led to killing and maiming of hundreds of Kenyans millions of shillings as a compensation. What an insensitive system that doesn't care about Kenyan life. How many people will have to die in order for common senses to prevail? Miguna Miguna is a declared terrorist whose only agenda is to overthrow the elected government of Kenya by hook or by crook. Let this Canadian back to Kenya and you will see what havoc and chaos he will bring back to the country
Matiangi will be foaming at the mouth with rage!! Let the battle begin...merry Christmas!
Akasha brothers are waiting their buddy Justice Chacha Mwita in New York.
This is another reason why we need secession.
There is no government which can take away citizenship by birth.
None.
The fact that the so called Kenya government actually thought it can revoke citizenship by birth just goes to show they lack basic understanding of what a government is.
A nation in an idea. A new idea of Kenya has been reimagined.
It was Nyayo era Re-Ignited; and then Backfired (with $70,000 to boot).
My brother guest1, you seem to have time to comment on every single story. Kudos. Just wondering how you do it after putting in your doubles looking after our senior citizens.
Kenya has a total of 44 tribes.The Kikuyu's and Kalenjins need to accept a time will come very soon when they will not be in power.
They should accept.Kenya is not a 2 tribe country.
A total of 44 tribes in Kenya follow:
Ameru 5%
Bajuni
Bukusu
Embu 1.5%
Isukha
Kalenjin 8%
Elgeyo
Kipsigis
Marakwet
Nandi
Pokot 1%
Sabaot 0.5%
Terik
Tugen 0.5%
Kamba 8%
Kĩkũyũ 22%
Kisii 5%
Kore
Kuria
Luhya 12%
Luo 11%
Maragoli
Marama
Maasai 1.5%
Sengwer.1%
Miji Kenda
Chonyi
Digo 0.7%
Duruma 0.8%
Giryama 2%
Jibana
Kambe
Kauma
Rabai
Ribe
Ogiek
Orma
Oromo
Pokomo
Rendille
Samburu 0.5%
Somali 1%
Suba
Swahili 9.5%
Tachoni
Taita 0.7%
Taveta
Turkana 1%
Yaaku
Asian
Makonde
'Be careful what you wish for'. 44 tribes minus 2 of Kikuyu & Kalenjin = 42. Your tribe is number 42. It will take 328 years for your tribe to put somebody in the state house (41 X 8 = 328).
Completely misinformed, Kenyatta is in power, not Kikuyu. May be you can call it Jubilee in power. If you get out of your tribe, you will see Kenyans working very hard.
Chacha Mwita is wrong on this. All of us Kenyans in the diaspora who became citizens of our country of residence before 2010 had to reapply Kenyan citizenship to regain it. Why is Mwita making an exception for Miguna?
They should refund our money and pay us the time we sent filling those forms and waiting.
Were you ever MISHANDLED or Roughed Up the way Miguna was? Anyway: Yours was Legal; Miguna's was Political; Day and Night.
But Miguna Miguna has never left Kenya voluntarily.
He was awarded citizenship based on political Asylum so that he can stay in Canada.
His case is very different from other people's case.
He has never denounced his citizenship.
@Onesumus
You have to appear in person and sign a oath that you are re-nouncing your citizenship.
It is a process.You cannot wake up and re-nounce your citizenship.
You have to have documentation showing you renounced your citizenship.Its a process.
I live in diaspora I have never renounced my citizenship.I don't know anyone who has.
For once Mwita maybe actually doing his job but America awaits. Congratulations Miguna, come home and expose the despots.
Serikali ya Kenya isitoe hata senti moja kwa kesi hii ya Ndugu Miguna. mkristo Matiang'i na ndugu yake mkristo Kihalangwa walipe kutoka mifukoni mwao halafu wafukuzwe kutoka kazini mara moja. Pia, mkristo Raila arekebishe nyumba yake iliyobomolewa na majambazi polisi wa Kenya.
Dada Victoria, hakuna taifa dogo (micro nation) linaloitwa "Luhya." Kikundi hiki kina watu walio na mila tofauti na pia lugha tofauti. Neno hili lilibuniwa na mkristo Mwingereza Owen alipokuwa Maseno. Luhya ni taifa bandia (fake nation).
Mlogooli akikutana na Mbukusu husema Kiswahili au Kiingereza. Wasamia hawatahiri wanaume na Wabukusu hutahiri wanaume. Wabukusu wanakula "akamasiviri" wadudu ambao wamo kwenye mavi ya ng'ombe. Watiriki nao hula tumbili.
Ni makosa makubwa kutumia neno "Luhya" miaka 55 baada ya kupata uhuru!
Pia ni dhambi kubwa sana kuita ziwa ambalo ni kubwa katika Afrika nzima na pili katika dunia nzima,"Lake Victoria!" Kwa nini viongozi wote wanaozungukwa na ziwa hili hawaliiti jina lake la zamani yaani "Nyanza?"
The dialects of Kenya tribes are around 68 to 70 or more.
For tribe you have to look at the dialects, the culture, customs, blood ties among other things.Not just dialect or Language only.
Si hata yeye anajiita Victoria sijui Vicki. Mkristo Victoria.
Sheria ni msumeno hukata huku na huku. After the handshake MM is of no consequence. In fact MM is less of an issue once in the reality of Kenya, welcome him back and move on.
Hizi siasa za kufuata upepo simo Hata! Miguna stop wasting Kenyans time! You ain't any different from anyone currently in power.
@Victoria. Je. Kispania ni lahaja (dialect) ya Kitaliani? Kama nijuavyo, lugha hizi mbili haziitwi lahaja!
Kwa nini Kiembu na Kikamba huhesabiwa kama lugha? Lugha ya Kiembu na Kikamba ni karibu sana kuliko Kilogooli na Kibukusu lakini Kikamba huhesabiwa kama lugha tofauti na Kiembu!
Yaonekana ya kwamba Kazi iliyofanywa na Waingereza ingali inadhaminiwa miaka 55 baada ya kupata uhuru hata ingawa kazi hiyo ina makosa mengi,
Hebu niambie: Kwa nini tunaliita ziwa kubwa la Afrika "Lake Victoria" miaka 55 tangu Waingereza waondoke Kenya? Je, akili yetu imekufa au ingali hai?
@Victoria: Jamani! Ningependa kujua: Kwa nini wewe una jina la kikoloni (victoria) yapata miaka 55 tangu tupate uhuru? Kwa nini hutumii jina la heshima la mababu na mabibi (grandmothers) zako?
I saw some statitics up there but they only reflect tribes. Tribal affiliations DO NOT and I repeat DO NOT determine who leads the country. Like it or not Kikuyus or GEMA contitute over 65% of the total registered votes. Changanya na wizi wa kura and you might as well learn Gikuyu mapema mapema coz Kenyans will be rulled by someone Central Kenya for life. Ukisikia wengine huko kwa waluhya na wakisii hawataki kujiandikisha kupiga kura lazily and foolishly asking, " Ati what is in it for me? Kuna chai? (Insert Luhya Accent) ama kaugali?" Kikuyus mean business when it comes to voting and so do Kalenjins, wewe kaa hapo ukingoja supu ya kuku.
No one is going to pay a penny, take my word,....ng'o.