Miguna Miguna's deportation is illegal, Judge Kimaru rules

It was a reprieve for Miguna Miguna on Thursday after High Court declared the decision to deport him as illegal.

In his ruling, Judge Luka Kimaru said that at the time the fiery lawyer was deported, IG Joseph Boinnet and DCI George Kinoti were in contempt of court orders.

He also ordered the Director of Immigration Gordon Kihalangwa to surrender his revoked passport to the court within seven days.

“CS Matiang’i declaration of Miguna Miguna as a foreigner and consequent deportation is declared null and void,” Judge Kimaru ruled.

On Monday, the outspoken lawyer had filed a suit at the High Court through veteran counsel John Khaminwa seeking to quash the deportation orders and reinstate his citizenship.

The case filed under a certificate of urgency lists seven respondents among them Interior Cabinet Secretary Fred Matiang’I, Director of Immigration Gordon Kihalangwa, Attorney General and officer in charge of flying squad Said Kiprotich.

Miguna welcomed the court ruling saying NRM and patriotic Kenyans will use the Constitution in fighting against injustices.

“Kenyan patriots and freedom fighters believe in and are fully committed to the Rule of Law. We shall use the Constitution as the spear and the shield in the fight against the despots,” Miguna said in a tweet.

Miguna was deported aboard a KLM flight on the night of February 6, 2018 over what the government termed as violation of the provisions of section 33(1) and 43(1) of the Kenya Citizenship and Immigration Act, 2011.

Interior Ministry spokesman Mwenda Njoka claimed Miguna lost citizenship when he acquired a Canadian passport in 1988 after his application for a Kenyan one was denied on September 12, 1987.

The Government has since vowed to appeal High Court decision insisting that Miguna's deportation was procedural and done in accordance with the law.

In a statement, Interior PS Karanja Kibicho said Government’s legal team was reviewing the Thursday morning ruling before it files an appeal.

“We believe the ruling by Justice Luka Kimaru which further directs the Director of Immigration Services to surrender Miguna’s illegally acquired passport within seven days is not in the best interests of the country,” read part of the statement.