Lawyer Miguna Miguna at Airport in Berlin, Germany, on November 19 after the airline declined to have him board its plane to Nairobi.
Solicitor General Ken Ogeto has said Miguna Miguna will be issued with travel documents upon submitting the required forms.
In his reply to Miguna’s lawyer Nelson Havi, Ogeto said in compliance with court orders, the Attorney General’s office advised the Immigration department to issue him with travel documents once he fills in the forms.
Lady Justice Hedwig Ong’udi on November 23 ruled that the Canada-based lawyer should present himself to the Kenyan High Commission in Canada or in an embassy wherever he is and apply for emergency travel documents.
“Nobody has stopped him from travelling to Kenya, but let him obtain the required Kenyan travelling documents within 72 hours after which he should be allowed to board the next available flight,” ruled Ong’udi.
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The judge ruled that Miguna, just like any other Kenyan must obey immigration rules to get required travelling documents and should not insist on being allowed to travel using his national identity card.
She stated that upon obtaining the emergency pass from any Kenyan high commission or embassy, he should be allowed to travel on any airline and only use his identity card for clearance at the immigration desk to enter the country.
Justice Ong’udi added that once Miguna is allowed entry, he should apply for a new Kenyan passport.
Miguna had through lawyer John Khaminwa argued that he feared no airline will carry him following a red alert issued by the government in January 2020 stopping him from coming to Kenya.
But Justice Ong’udi on November 12 dismissed the application on grounds that Miguna had not provided evidence proving the existence of a red alert issued to international airlines not to carry him.
Miguna had planned to travel to Kenya on November 16 but the airline he had booked denied him a boarding pass which prompted him to file the subsequent suit.
Justice Ong’udi in her ruling stated although Kenyan citizens do not require travelling visas to Kenya, they must comply with immigration laws that require them to possess valid travelling documents.
“The fact is that he does not have his passport and his argument that the national identity card is sufficient to allow him to enter is misguided.
“The law is uniform to all Kenyans and he must apply for the emergency travel document to be allowed to travel as a Kenyan,” ruled Ong’udi.
(Additional reporting by Paul Ogemba)
