High Court Declines to Suspend Gov't Order for Deportation of Miguna Miguna

The High Court on Tuesday declined to suspend government order that saw former Nairobi gubernatorial aspirant Miguna Miguna deported to Canada by Kenyan Immigration authorities last week.

Justice Chacha Mwita refused to grant Miguna the order, where he was seeking suspension of the order to banish him out of the country, and directed the Attorney General to file a response to petition before Thursday, which will enable the court to give proper directions.

The self-declared National Super Alliance's National Resistant Movement (NRM) general moved to court on Monday seeking to have the Jubilee government ordered to facilitate his unconditional return.

Miguna's application has been opposed by the Attorney General's lawyer, Charles Mutinda.

“Citizenship is a question of facts, give us limited time we file our papers so that we can rebut, we will abide by the directions of this court and we will respond as soon as possible so that the court can make its decision, “Mutinda said.

In his ruling, judge Mwita agreed with Mutinda's argument, stating that it would be wise to allow him to tell his side of the story before any directives are issued.

“What I gather in this application is there is the question as to whether the respondents were right in deporting the applicant yet he is said to be a Kenyan citizen,” said justice Mwita

“There is the second question as to whether he was given a fair hearing, for this court to make orders it is important to hear the respondents and hear if they complied with articles of the constitution,” the judge said.

Through lawyers John Khaminwa, Nelson Havi, Waikwa Wanyoike and Apollo Mboya, Miguna pleaded with the court to suspend the order by Interior Cabinet Secretary Fred Matiang’i, pending determination of the case.

The lawyers claimed that the Immigration department failed to grant Miguna a fair hearing, before sanctioning his deportation.

“We urge you to give orders so he can be returned to participate in the proceedings pending before the court. We require promptness to restore the rule of law,” Khaminwa said.

“Miguna wants to come back and prosecute the case against the violation of his rights in person. It is only desirable that the court orders his return to square it out face to face in court with those who have mistreated him,” said John Khaminwa.