CJ Emeritus Mutunga explained that he has chosen to facilitate Miguna's return as a way of enforcing the court orders which have been ignored by the government.
"After careful reflection and following broad consultations with lawyers, human rights and justice defenders, progressive politicians, and Mr Miguna himself, I have decided to travel to Toronto, Canada, to accompany Mr Miguna on his flight back to his motherland on 16 November 2021.
"I have taken this extraordinary step for two fundamental reasons. The first is because of the continued, flagrant and reprehensible defiance of the Government of Kenya, its agencies and senior officials, against the numerous valid court orders in favour of Mr Miguna, The second reason why I have decided to undertake this journey is to support and defend the independence of our judiciary, its authority, and the people’s confidence in it," the former CJ stated.
The retired CJ went on to issue demands to the government ahead of his historic venture, as follows:-
- Immediate and unconditional withdrawal of red alerts against Miguna Miguna and allow all airlines to fly Miguna Miguna to Kenya;
- Public apology to Miguna Miguna and to Kenyans for the violations of the constitution and for contempt of court;
- Full compliance of all court orders including, but not limited to, those regarding reparations and costs;
- Ensure Miguna is not removed from the plane before or after it lands at the Jomo Kenyatta International Airport;
- Ensure no security and immigration officers block Miguna’s entry at Jomo Kenyatta International Airport, or at any other port of entry;
- Comply with the notice that will be given to the Inspector General of Police not to interfere with, disrupt or threaten Kenyans who travel to Jomo Kenyatta International Airport to receive Miguna Miguna, and ensure that everyone is accorded their full rights of assembly under Article 37 of the Constitution;
- Ensure Miguna’s rights are safeguarded, including his right to be issued with a valid Kenyan Passport, his right to free speech, association, assembly and travel, and to be safe from arbitrary arrest, detention, harassment, threats, intimidation and abuse; and
- Ensure the rights of all Kenyans who receive Miguna at the gates of the Supreme Court Building, where he will present a petition to the Chief Justice and President of the Supreme Court upon arrival in Kenya, are respected.