Immigration director major-general Gordon Kihalangwa on Friday said he followed the Constitution while deporting NRM’s Miguna Miguna three days ago.
While defending the controversial deportation of the fiery lawyer, Kihalangwa said he cannot be faulted because he was not aware of any court orders since he was not a party to the case before Justice Luka Kimaru.
“The action taken against the applicant was guided by the Constitution, the Kenya Citizenship and Immigration Act and several High Court decisions on similar matters,” said the Major –General in a sworn affidavit demanded by Justice Kimaru.
His sentiments were echoed by Inspector General of Police Joseph Boinnet who denied disobeying court orders.
“I did not disobey the order of this court. At the time I received the information that the DCI and I were required to be present before the court, I was already scheduled to attend a meeting,” he said.
On Thursday, the judge ordered the Immigration boss to explain the circumstances under which the combative lawyer was deported even though the court had ordered Boinnet to ensure he is produced in court.
Kihalangwa said Miguna was re-arrested within the precincts of Inland Container depot in Embakasi on Wednesday evening. He was then taken to Jomo Kenyatta International Airport for deportation after he was declared a prohibited immigrant by Interior Cs Fred Matiang’i.
The self-professed National Resistance Movement general was allegedly under investigations after it emerged he illegally obtained his Kenyan passport.
applications rejected
In 1987, Miguna, then a student, applied for a Kenyan passport to travel to Havana, Cuba, but his application was rejected.
He applied again in 1992 through the Kenya High Commission in Ottawa. Miguna wanted the commission to intervene, explaining he was a political refugee, having fled Kenya without a passport in 1998. His application was rejected.
He made another application in March 2009 at Kisumu passport control and then Immigration minister Otieno Kajwang’ directed he be issued with a passport.
“It was issued without legal backing, despite the fact that he already had a Canadian passport. The then repealed Constitution did not approve or provide for dual citizenship,” Kihalangwa said. He said he brought the facts to Matiang’i who on February 6 made the decision to deport Miguna. “If any orders had been brought to our attention, we would have definitely complied.”
Boinnet explained that he was away on a National Security Council meeting and sent a representative to the court. He said he made efforts to ensure the National Police Service was represented in court as a sign that the entire service holds the court in high esteem.
“Due to the nature of my duties as the IG, it is mandatory that I attend all national security meetings for the sole purpose of ensuring our country’s safety and security,” he said.
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