Will Miguna Miguna board? Court declines to lift ‘red alert’

Lawyer and activist Miguna Miguna.

The High Court has dismissed an application by Canadian based lawyer Miguna Miguna seeking to compel the government to lift a red alert stopping him from coming back to the country.

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,” ruled Ong’udi.

Justice Ong’udi added that she appreciates the anxiety Miguna has based on what happened when he was denied entry back to the country after being deported to Canada but that the court cannot act on hearsay without evidence.

Her decision puts Miguna’s plans to travel back to the country on November 16 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.

Miguna had in his petition filed through lawyer John Khaminwa argued that he is planning to come back to the country on November 16 but fears that no airline will carry him following the red alert issued by the government in January 2020.

Khaminwa told the court that he had already made plans through retired Chief Justice Willy Mutunga and Law Society of Kenya president Nelson Havi to travel to Canada and accompany Miguna back home but they fear no airline will allow him to board their plane.

He wanted the court to issue an order directing the government, Lufthansa Airline, Airfrance and any other international airline to lift the red alert and allow Miguna to travel back on November 16 as planned.

According to the lawyer, there are several court orders declaring Miguna a citizen of Kenya and that he is free to return to the country but the government has disobeyed the orders by denying him entry.

But the government in its response denied the existence of the red alert, arguing that they had not denied Miguna entry back to the country so long as he complies with immigration rules and international travel requirements.

Miguna 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.

Miguna made his first attempt to return to the country on March 26, 2018, but was denied entry upon reaching Jomo Kenyatta International Airport and returned to Canada.

His second attempt to come back to the country was in January 2020 but upon reaching Germany, he was denied boarding rights on Lufthansa Airline to travel to Kenya on account of a red alert issued by the government to airlines to stop him from travelling to the country.