Lawyer Miguna Miguna says he has embarked on his return journey to Kenya.
On Saturday, Miguna posted a picture of himself on his Twitter account with the caption: “Brandenburg Gate, Berlin. The General is on the way, Freedom Fighters. Viva!”
The Canadian-based lawyer had on Friday shared his flight details, revealing that he will travel to Nairobi via Paris from Berlin, aboard Air France.
"These are my flight details on Air France [AF 836, Airbus A320], from Berlin-Paris-Nairobi on Monday, November 15. I will update everyone on Monday, if Air France stops me from boarding because of the red alerts by the Kenyan government,” the lawyer tweeted.
Miguna is expected to land in Kenya on Tuesday, November 16, at 9 am.
However, court had yesterday declined to lift a government red alert stopping him from coming back.
Justice Hedwig Ong’udi ruled that Miguna had not provided evidence to prove the existence of a red alert issued to international airlines not to carry him and that his petition was premature and speculative.
“Whoever desires for court assistance must prove that those facts exist. Being a court of records, I expected Miguna to at least adduce evidence to prove the existence of the red alert. The court cannot rely on speculations to grant the orders he is seeking,” Ong’udi ruled.
Court’s decision now puts Miguna’s plans to travel back to Nairobi in limbo- since according to his application there is no airline that will allow him to board their aircraft in the event that the red alert still exists.
The activist lawyer who has dual citizenship in Kenya and Canada was deported on February 6, 2018, after the government claimed that he was not a Kenyan citizen.
He however filed a petition at the High Court where the court declared that his deportation was illegal and unconstitutional.
