Lawyer Miguna Miguna spent more than four hours at the Jomo Kenyatta International Airport (JKIA) amid reports that immigration officials had refused to clear him.
By 7pm, Mr Miguna had not checked out of the airport despite his Emirates flight EK19 touching down at JKIA at 2:30pm.
Normal clearance at the airport takes about 30 minutes.
Reports indicated that immigration officials demanded Miguna's Canadian passport, which he refused to hand in.
Routine procedures for travellers dictate that once a foreign national arrives in a country, he or she is issued with a visa.
The country then has the liberty to grant or deny the traveller entry.
Ministry of Interior spokesperson Mwenda Njoka explained that the Government had not denied Miguna entry but had asked him to present the passport he had used to travel.
“The Government has not denied Miguna Miguna entry into the country. Upon arrival at JKIA he was asked to present the passport he traveled on. He declined," said Mr Njoka in a tweet.
Legal requirement
"It is a requirement under the law and International Air Transport Association (IATA) regulations for travellers to show the documents they travelled on at the point of entry,” he said.
Miguna is said to have been displeased with the requirement, leading to a standoff between his lawyers and immigration officials.
“Miguna has a Canadian passport and for us to allow him in he has to get a courtesy visa. We have tried to do that but he has refused, saying he is a Kenyan and cannot get a visa to be let in," said Immigration Principal Secretary Gordon Kihalangwa.
"He does not have a Kenyan passport and I don’t know what he wants us to do. We are waiting and watching as his lawyers talk,” he said.
Kenya National Commission on Human Rights (KNHCR) Chairperson Kagwiria Mbogori said the organisation was watching the unfolding events.
“We do not know what will happen next, whether he will be arrested or deported we do not know,” said Ms Mbogori.
Miguna's lawyer Cliff Ombeta confirmed that he had been directed to hand in his Canadian passport and that until he complied he would not be allowed in.
Lawyers John Khaminwa, Nelson Havi and James Orengo were also at the airport.
Other passengers on Miguna's flight were allowed to proceed with their journeys.
Miguna’s return has been anticipated among his followers since his deportation on February 6.
This followed his involvement in the controversial 'swearing-in' of National Super Alliance (NASA) leader Raila Odinga as the 'people's president.'
Miguna was arraigned in a Kajiado court for his role in administering the oath and deported to Canada.
