Kenyan court revokes deportation of opposition lawyer Miguna Miguna

Kenyan court revokes deportation of opposition lawyer Miguna Miguna

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In a direct challenge to the Uhuru Kenyatta led government, Judge Luka Kimaru of the High Court reinstated Miguna's citizenship and ordered that his passport is surrendered to court within seven days. The High Court in Nairobi had issued several orders that he be allowed to appear before it, which the government ignored.

He sued Interior Cabinet Secretary Fred Matiang'i, immigration heads Gordon Kihalangwa, Mr Boinnet and Mr Kinoti for violating "constitutional, municipal and worldwide law on citizenship and right to a fair administrative action and dignity".

The government has vowed to fight any attempts to have deported controversial lawyer Miguna Miguna return to the country.

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Matiang'i said the self-declared NRM General can not be allowed to benefit from his blatant defiance of express provisions of the Constitution.

"CS Matiang'i declaration of Miguna Miguna as a foreigner and consequent deportation is declared null and void", Judge Luka Kimaru ruled.

Interior Principal Secretary Karanja Kibicho said a government legal team was reviewing the ruling with intent to appeal against it.

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"In as much as the government respects the court's decision, the government still holds its earlier view that the deportation of Miguna Miguna was done in accordance with the law", added Dr. Kibicho.

According to the Interior Cabinet Secretary, Dr. Fred Matiang'i, he ordered the deportation of Miguna as a matter of national security but the court disagreed with the orders that saw Miguna bundled into a KLM flight shortly after the court released him from illegal 4-day detainment on Tuesday last week.

"This court will not convict the third and second respondent (Boinnet and Kinoti) but will give them an opportunity to assist the court in purging the contempt of the orders of the court that they've been found by this court to have committed", Justice Kimaru ruled.

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The office of the chief justice said declined to comment on the letter. The Immigration department had said that Miguna, who had renounced his Kenyan citizenship after attaining the Canadian one, had unprocedurally reapplied for Kenyan citizenship in 2009.

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