The High Court has dismissed an application by Kenyan-Canadian lawyer Miguna Miguna, who was seeking orders to facilitate his return to Kenya on Tuesday.
Through his lawyers, Miguna wanted the court to order the lifting of red alerts allegedly issued by the Kenyan government prohibiting international airlines from carrying him to Kenya.
Justice Hedwig Ongudi on Friday dismissed the application, stating that the court cannot rely on speculation to grant the orders sought by Miguna.
"The case was filed prematurely without evidence and is therefore dismissed," judge Ongudi ruled.
The judge noted that the petitioner was to prove that the red alerts existed and that he was under obligation to prove those facts.
In his petition, Miguna argued that the red alerts have made it impossible for him to return to Kenya following his illegal deportation to Canada in February 2018.
He averred that the red alerts are illegal and should therefore be lifted to allow him to travel into the country next week.
Miguna listed Attorney-General Kihara Kariuki, Foreign Affairs Cabinet Secretary Raychelle Omamo, Kenya Civil Aviation Authority Director-General Gilbert Kibe, Kenya Airports Authority Acting Managing Director Alex Gitari, and Interior Cabinet Secretary Fred Mating’i as respondents in the petition.
Retired Chief Justice Willy Mutunga and LSK president Nelson Havi are set to travel to Germany to accompany Miguna on his flight to Nairobi.
Miguna left Canada for Germany earlier this week where he will stay for some days before embarking on a journey to Kenya.