Self-proclaimed NRM leader Miguna Miguna now wants the state compelled to facilitate his return to Kenya.
Miguna, through lawyers Nelson Havi and John Khaminwa, filed an urgent application yesterday at the Milimani law courts, Nairobi.
He seeks to compel the state to reinstate his passport and make it available to him within five days of the court’s order. He also wants the court to suspend the Gazette notice issued by Interior CS Fred Matiang’i on January 30, which declared the NRM a criminal organisation.
This will enable him to travel back to Kenya, he said.
The lawyer-cum-politician was deported to Canada on Tuesday last week, but later promised to mount a titanic legal battle to not only recover his confiscated Kenyan passport but also make a grand return.
Miguna has sued Matiang’i, Director of Immigration Maj (Rtd) Gordon Kihalangwa, Inspector General of Police Joseph Boinnet, Director of Criminal Investigations George Kinoti, Flying Squad officer in-charge Said Kiprotich, Attorney General Githu Muigai and the JKIA police boss.
The state clarified that Kenyans who lost their citizenship as a result of acquiring other nationalities before the enactment of the 2010 Constitution were required to reapply.
“Miguna never did this and continued being a Canadian citizen,” Interior ministry spokesman Mwenda Njoka said.
protection of rights
Miguna also wants the Kenya National Commission on Human Rights chaired by Kagwiria Mbogoria to access the Customs and Immigration clearance area, where he will be making his entry to the country, and file a report before the court.
He says he wants the KNCHR to observe whether the government will violate the constitutional, human rights and Immigration laws applicable as he returns.
“The act of purportedly revoking the citizenship of the petitioner, confiscation of his Kenyan passport, designating him as a member of a prohibited group and a prohibited immigrant are unconstitutional and illegal, and a nullity,” the application reads.
Miguna said he is not only a Kenyan lawyer, but also a barrister and solicitor in the Province of Ontario Canada. His profession would be deeply dented if he was not allowed to return to Kenya and defend himself in court, he said.
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