High Court makes final decision on Miguna's deportation
Miguna could be on the plane back home.
Justice Luka Kimaru ruled in Miilmani Law Courts that the applicant (Miguna Miguna) had already been shielded from any kind of prosecution at the time of his deportation and ordered that he should return to Kenya within seven days.
Mr Miguna was deported Wednesday last week, amid heightened ignorance of Court orders by both the police Inspector General and the Director of Criminal Investigations.
Miguna Miguna's lawyer Nelson Havi said that the High Court Justice Kimaru "declared null and void, quashes the purported revocation of Miguna Miguna’s Kenyan citizenship and orders his return to Kenya within seven days."
Judge Luka Kumaru ruled on Thursday that the declaration by Interior CS Dr Fred Matiang'i that Mr Miguna was not a Kenyan was null and void, and further directed Immigration director Gordon Kihalagwa to surrender Miguna's passport to court within seven days.
Miguna Miguna sued the State on Monday for illegally deporting him to Canada, after his Kenyan passport was seized.
"I will challenge all the illegal and unconditional actions by the despots in court starting today (February 8). I have instructed a battery of competent advocates to ensure that the ongoing rogue purveyors of impunity are brought to book," Miguna had said shortly after arriving in Canada.
The outspoken lawyer had filed a suit at the High Court through veteran counsel John Khaminwa seeking to quash the deportation orders and reinstate his citizenship.
The case which was filed under a certificate of urgency listed seven respondents among them Interior Cabinet Secretary Fred Matiang’i, Director of Immigration Gordon Kihalangwa, Attorney General and officer in charge of flying squad Said Kiprotich. Miguna wanted the court to declare that the respondents abused their office. His pleadings have been granted in a court ruling today (Thursday).
“That a declaration be and is hereby issued that the manner in which the Respondents conducted themselves resulting to the purported cancellation of the citizenship of the Petitioner, revocation and confiscation of his passport and other identity documents and the declaration that he was a member of a prohibited class and a prohibited immigrant and removal from Kenya were done in violation of the rule of law and in direct contravention of provisions of the constitution,” his affidavit read in part.
Prior to his deportation last week, Mr Miguna sent a daring message to Interior and National Government Coordination Cabinet Secretary Dr Fred Matiang’i to arrest him, as he is the one who administered the controversial oath to Raila Odinga on Tuesday at Uhuru Park.
Speaking to the press earlier, the once anti-Raila crusader told the CS to, in fact, arrest him alongside Mr Odinga, as “he is the one who signed the oath and conducted it.”
“I’m the one who signed the oath and conducted it. If they want to look for the person who is responsible it is me and Odinga. Let them come for us!” he yelled.
On Tuesday, through his law firm, Miguna Miguna & Company Advocates, the abrasive Canada-educated lawyer commissioned the oath that was administered on Mr Odinga.
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