Justice Hedwig Ong’undi reiterated that the lawyer was a native of Kenya, but also ordered that the Cabinet Secretary for Foreign Affairs, Raychel Omamo, obey the order and that the lawyer may return to Kenya.
“As soon as he has the travel documents and their submission to Air France, the airline will instruct him to allow him to take the next immediate flight to Nairobi “ordered the judge.
After landing, the immigration officers should allow him to enter Kenya with his ID card for identification.
Mr. Miguna was deported to Canada in March 2018 after he swore in ODM party leader Raila Odinga as” People’s President “. He tried to return to Kenya twice but the same failed because, as he said, the Kenyan government prevented international airlines from flying him to Nairobi.
Justice Ong’undi rejected an argument by Interior Minister Karanja Kibicho that Dr. Miguna required a visa for the return journey.
But she decided that there was no excuse to ignore travel laws and regulations.
Later, upon arrival, he should apply for a passport in Nairobi and issue it within seven days, the court stated.
It was also determined that both the exiled lawyer and the government are required to comply with immigration rules for citizenship.
The judge found that the lawyer A fortnight ago he was advised to visit the Kenyan High Commission in Ottawa, Canada and obtain an emergency certificate so that he can travel to Kenya.
The advice was given to Dr. Miguna sent by the Kenyan National Human Rights Commission (KNCHR) in response to their request to the Ministry of the Interior on November 10, 2021 to enable his safe return.
Passport deposited in court
In the letter, the Director General of the Immigration Service, Alexander Muteshi, said that the directorate was not owned by Dr. Miguna’s passport is because it was deposited in court according to a court order from Judge Luka Kimaru. -justify “>” Regarding the issuance of a passport for him (Miguna), we reiterate that we are not able to issue one as Mr Miguna has not made a request for a replacement under Section 28 (1) of the Kenyan Citizenship and Immigration Act of Kenya, “the letter reads.
Justice Ong’undi said there was no evidence that Dr. Miguna applied for a new or renewal, visited the Ottawa embassy, or had his Canadian passport validated in accordance with regulations.