High court ruling complicates Miguna Miguna's return to Kenya

Canada-based lawyer Miguna Miguna’s travel plans to Kenya suffered a setback after the High Court threw out his application to lift a red alert against him.

The court said that there was no proof that the government had issued a red alert against Miguna as claimed in his suit.

Through his lawyer John Khaminwa, the self styled National Resistance Movement leader sued the government saying “Miguna is a Kenyan citizen by birth and has right to enter the country any time he wishes. He wants to come back to his country of birth but the red alerts issued by the airlines cannot allow him to travel and return to Kenya.”

File image of Miguna Miguna Pulse Live Kenya

The high court's ruling that there is no evidence of the red alerts further complicates Miguna’s return to Kenya with his allies fearing he may not be allowed to board a plane.

“The only hindrance for Miguna's return was the red alerts. We argued the case before Justice Edwin Okundi. If the ruling is in favour, there should be no reason as to why any airline should deny him permission to board," Law Society of Kenya President Nelson Havi said.

Former Chief Justice Willy Mutunga is expected to accompany the deported lawyer who scheduled to arrive on Tuesday, November 16, 9:00 am.

When Miguna tried to return to the country in January 2020, he only made it to Lufthansa Airport in France where he was denied entry into his flight to Kenya.

“I am at the Lufthansa Check-In and they are saying the Kenyan security has blocked me from entering Kenya,” Miguna said at the time.

He also claimed that the Kenyan government had demanded that Lufthansa should not fly him into any other African country.

Veteran lawyer, Senior Counsel Dr John Khaminwa Pulse Live Kenya

Government Spokesman Cyrus Oguna said the Immigration Department was ready to facilitate his entry at JKIA but “if there are issues he is facing outside our boundaries, that is something that will be dealt with by the Ministry of Foreign Affairs.”

The government explained that the lawyers behaviour had been flagged by international airlines as a problematic passenger.

Miguna was deported in 2018 after he conducted the mock swearing in of ODM leader Raila Odinga at Uhuru Park.