Government ‘okays’ Miguna’s return
Exiled lawyer Miguna Miguna could finally be coming home after the Kenyan government appeared to lift the ban on his travel back to Kenya.
In a letter dated November 29, 2021, Kennedy Ogetoi, the Solicitor General, has asked the Kenyan High Commissions in Ottawa and Berlin to facilitate Miguna’s travel by issuing him with the requisite travel documents upon the provision of the necessary documentation.
“Upon the receipt of a court order issued by Lady Justice Hedwig Ong’udi on Nov 22, 2021, we advised the Ministry of Interior and Coordination of National Government and the Ministry of Foreign Affairs and we have since received confirmation that the Department of Immigration has instructed the Immigration officers in Berlin and Ottawa to issue Miguna Miguna with the travel documents upon the filing of the requisite forms,” the letter read in part.
The letter was shared by Miguna’s lawyer Nelson Havi on his Twitter page.
Thank you SG Kennedy Ogeto for advising Ministries of Interior and Co-ordination of National Government and Foreign Affairs to comply with the Order and ensure that the Kenyan Embassies in Berlin Germany or Ottawa Canada issue Miguna Miguna with Emergency Travel Documents. ^POLSK pic.twitter.com/DLcgxQJ5jK
— Nelson Havi (@NelsonHavi) November 29, 2021
Last week, the High Court ordered Miguna to obtain emergency travel documents from the Kenyan Embassy in Canada, Germany, or wherever he is, within 72 hours.
Justice Hedwig Ong’undi, while restating that the outspoken Miguna is a Kenyan citizen by birth, also ordered the Cabinet Secretary for Foreign Affairs Raychel Omamo to ensure the order is complied with and that the lawyer should be allowed to return to Kenya.
“Once he is in possession of the travel documents and presentation of the same to Air France, the airline is directed to allow him to board the next immediate flight to Nairobi,” ordered the judge.
It has been a week-long tussle between Miguna and the Kenyan government inside the courts in what appears as the state’s hesitance to facilitate Miguna’s return.
The court declined Miguna’s request on November 12 for an order to lift red alerts issued by the Attorney General, Alex Gitari, acting managing director, and Interior Cabinet Secretary Fred Matiang’i.
Mr Miguna was deported to Canada in March 2018 after swearing-in ODM party leader Raila Odinga as the ‘people’s president’.
He has twice tried to return to Kenya but the same has failed because of the “red alerts” which he said were issued by the Kenyan government blocking international airlines from flying him to Nairobi.
The alerts were directed to two airlines preventing Miguna from boarding the airplanes.
He was meant to fly back home on November 16, 2021, but the Kenyan government issued a red alert to Air France which Miguna had booked a flight ticket.
The court, however, dismissed his application saying Miguna had not provided any evidence to show there exist any red alerts.
Last week, Law Society of Kenya (LSK) President Nelson Havi was involved in a scuffle with the Head of Immigration Alexander Muteshi while presenting a court order in the case involving Miguna.
In a short clip shared by Havi, the two can be seen having a heated exchange before a confrontation between the two. Muteshi, who previously worked for the National Intelligence Service (NIS) as head of counter-terrorism, appeared incensed after he learnt he was being video recorded.
The Director-General, State Department of Interior and Citizen Services, Alexander Muteshi Imbenzi, claims that the High Court Order directing that Miguna Miguna be given a Temporary Travel Document by the Kenyan Embassy in Berlin, Germany for travel to Kenyan will not be obeyed. pic.twitter.com/8k0GVRRFBA
— Nelson Havi (@NelsonHavi) November 24, 2021
The immigration boss was seen rising from his desk, quickly charging at Havi, with his hand reaching out to the phone that was recording the dramatic encounter.
While Havi claimed he was physically assaulted, the video did not capture the incident – only showing the senior government officer using his hand to hit the camera that was recording him.