Government takes action after court ruling on Miguna’s citizenship

AG Paul Kihara and CJ David Maraga.

In a report by Citizen Digital, Attorney General Paul Kihara will challenge the ruling by High Court Judge Chacha Mwita.

The AG is reported to have filed a notice of appeal immediately after the ruling was made and will file an appeal on Monday.

Justice Mwita in his ruling said that Miguna Miguna’s deportation in February 2018 was unconstitutional, and directed the government to compensate the lawyer for declaring him a prohibited immigrant and deporting him from the country.

The court ruled that taxpayers should not shoulder costs of violations by overzealous state officers adding that the action was made to deter future violations.

Interior CS Fred Matiang'i and PS Gordon Kihalangwa were ordered to personally pay Miguna Miguna Sh7 Million.

The two were also directed to pay the embattled lawyer an additional Sh270,000 for damage to Miguna's property in order to deter such actions by "overzealous" state officers.

Deportation

While deporting Miguna in March, the State had argued that the outspoken opposition activist lost his Kenyan citizenship when he acquired a Canadian passport at a time the Kenyan constitution did not provide for dual citizenship.

Miguna was been deported twice despite a court order directing the government to release him from detention at Jomo Kenyatta airport in Nairobi.

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