Miguna wins second battle against Government over his deportation

Self-declared NRM general Miguna Miguna. [Photo: Courtesy]

Opposition politician Miguna Miguna is free to return home any time he wishes, the court ruled on Monday.

In the second ruling in less than two weeks, the Judiciary affirmed that the Government had no authority to strip the self-confessed National Resistance Movement general of his citizenship.

Justice Chacha Mwita ruled that Miguna had made a strong case to warrant his return to the country to face his accusers. He suspended Interior CS Fred Matiangi’s declaration that the politician-cum-lawyer is not a Kenyan citizen and that his presence is a threat to national security.

“The decision by the Director of Immigration, Gordon Kihalangwa, withdrawing the petitioner’s passport is hereby suspended. An order is also issued to the director or any other senior official to issue Miguna with a travel document to enable him to come back to the country,” ruled the judge.

Justice Mwita further ruled that Miguna was free to come back using his Canadian passport should the Government fail to facilitate his travel.

The judge also directed the Kenya Human Rights Commission chairperson, Kagwiria Mbogholi, to be present at the point of Miguna’s entry to monitor his safety.

Justice Mwita directed that his orders be published in two dailies of national circulation.