Miguna's deportation was quashed by a Court on Thursday in a conflicting environment.
Taking his frustrations on Twitter minutes after the government vowed to appeal a High Court ruling in which he was granted his prayers to have his passport surrendered to court within seven days, Mr Miguna quipped that the former Kiambu County women representatives Annah Nyokabi Gathecha should follow suit.
“Uhuru Kenyatta should begin by deporting his wife Margaret Kenyatta, a dual citizen of Germany & Kenya and his cousin Annah Nyokabi Gathecha, the former Kiambu County women representative who is a dual citizen of Canada & Kenya before he touches Miguna Miguna,” he tweeted to his nearly half a million followers.
The vemon spit by Mr Miguna comes amid escalation of anxiety after Interior CS on Thursday vowed to appeal a court case in which Justice Luka Kimaru of Kilimani High Court quashed the deportation and ordered the government to serve the court with the Kenyan passport of the applicant (Mr Miguna).
In a statement sent to the press, Principal Secretary Ministry of Interior Karanja Kibicho fired back at the court ruling saying that "the deportation of Mr Miguna was conducted legally."
“The government has been made aware of a High Court ruling this morning declaring the deportation of self-declared General of the proscribed criminal organisation NRM and who is a Canadian citizen, Mr. Miguna Miguna as being illegal,” the statement reads.
“In as much as the government respects the court’s decision, the government still holds its earlier view that the deportation of Miguna Miguna was done in accordance with the law,” added Dr. Kibicho.
The High Court in Nairobi on Thursday February 15, ruled that the deportation of Mr Miguna was illegal and against earlier Court orders.
Justice Luka Kimaru ruled in Milimani 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.
It has emerged that the High Court Judge Luka Kimaru had transferred the case to Justice Chacha Mwita, but reappeared to make the ruling, despite the later quashing any request having Mr Miguna back to Kenya granted.
The Government’s decision to deport Mr Miguna last week Wednesday was to stay put until Thursday (today) after the appearance of both the Inspector of Police and the the Attorney General. The two were set to appear before the court to substantiate the decision, High Court Judge Justice Chacha Mwita ruled rule on Tuesday.
The High Court on Tuesday had failed to grant the applicant (Miguna Miguna) conservatory orders which sought to restrain the government’s declaration that deported him as “prohibited immigrant.”
Mr Miguna, who is understood to have been born in Kenya, was deported last week, and the Immigration officials said he was illegally in the country, “as he was a citizen of Canada.”
Miguna, on Monday, through a battery of lawyers, launched a fierce legal battle to have the Jubilee administration compelled to facilitate his unconditional return, an application that was vehemently opposed by AG’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 the ruling, the judge agreed with the AG’s lawyer, saying that it would be good to allow him to tell his side of the story before issuing any directives.
“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,”
“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,” Justice Mwita noted.
Lawyers John Khaminwa, Nelson Havi, Waikwa Wanyoike and Apollo Mboya yesterday urged judge Mwita to suspend the declaration by Interior Cabinet Secretary Fred Matiang’i, pending determination of the case.
Khaminwa accused the Immigration department of failing to give Miguna a fair hearing. He was removed from the country in blatant disobedience of court orders, he said.