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The High Court in Nairobi has on Monday morning ordered the government to issue a new passport to deported former Nairobi gubernatorial aspirant Miguna Miguna.
The court further directed the state to allow the self-declared National Resistance Movement (NRM) general to return to the country pending the hearing and determination of a case he filed contesting his deportation.
Justice Chacha Mwita also ruled that Miguna is at liberty to use his Canadian passport to regain entry into Kenya should the Immigration department decline to issue him with a new travel document.
Justice Mwita further directed government to facilitate the firebrand politician's return to the Kenya on a date and time communicated to the respondent by the petitioner.
“During the petitioner’s first re-entry into Kenya, the chairperson of the Kenya National Human Rights Commission be allowed access to the immigration and customs clearance areas at the port of petitioner’s re-entry in order to observe the extent of the respondents observance of the relevant constitutional human rights and immigration laws applicable to the petitioner’s rights to reenter Kenya,” ordered the judge.
The court also suspended orders issued by Interior CS Fred Matiang’i on February 6th, declaring that the vocal lawyer was not a Kenyan citizen. He also suspended Director of Immigration Services Gordon Kihalangwa's February 5th order suspending Miguna’s passport.
Last week, the Immigration department surrendered Miguna’s passport to the court as directed by High Court judge Luka Kimaru.
However, the travel document had been perforated, with Kihalangwa telling the court that the perforation is a standard procedure done once a holder is ejected from the country.
Comments
Court oder must be ignored. The man, like everyone else needs to complete the 2 page form to reclaim his citizenship.
Too bad for you Jubilee sycophants. The court is doing its job to uphold the constitution. That 2 page form is irrelevant. The constitution is clear that citizenship by birth cannot be revoked, period! I know it's hard to swallow for the government but we have a constitution and an independent judiciary. Nobody is bribing the judges.
And the constitution is clear; There shall be a winner and a loser in elections as declared by the electoral body. You cannot have it both ways. Or Can you?
That is exactly right. If NASA accepted the ruling about Aug 8th elections, then they should also accept the ruling about the repeat elections. It is the same court that ruled! Uhuru is the validly elected president whether we like it or not. But if NASA or their supporters break the law, the government needs to trust the courts and charge the offenders - not do stupid stuff like deportations, suspending passports or withdrawing security! These are unlawful steps and when the courts declare them as so, the government attacks the courts. So for those of you supporting the government, you have to tell us if Kenya is democracy or an autocracy! Tell us, which is which? We can't be both.
I think we are on the same page. But if Miguna Miguna is allowed back and his activities and those of his NRM contravene the constitution, then it may be grounds for him to be jailed by the same courts that let him back. Right? Patriotism is a prerequisite to citizenry.
That is what Matiangi and co should have done: Charge him in a court of law if there was evidence of wrong doing. Chest thumping is not going to work in Kenya at this age. We are beyond that now. The problem is that we have a government that hires the worst people at Sheria house. A good for nothing DPP made it more messy. They are unable to bring up credible charges before the court. The government loses in court due to ignorance or substandard representation and then they start blaming the courts. It is in the best interest of the government to respect and trust the judiciary.
At some point, this court nonsense must will have to come to an end - kama mbaya - mbaya - bomoa yote
George Soros money is still being dished out to our judges to corrupt them. This comedian should not be let in back this easily after insulting authorities and making a joke of our constitution.
Uhuru: Amka, kumekucha.
You must respect the judiciary or else resign. Kenya will definitely be a better country without you in power. Stop listening to your crooked Chinese political advisers.
I am asking the Jubilee (Uhuru) sycophants to put the interests of the entire nation first before the party politics. In 2022, NASA and Jubilee crooked political parties will be a thing of the past.
Haki iwe ngao na mlinzi..justice be our shield and defender..Good Luck Mr. Miguna History has been written our Childrens will read and learn..to GVT Invest in lawful advicers even in Business wrong step and you will be out of business recovery will cost time...higher proffessional to rebuild your image.Thank you