The High Court yesterday declined to suspend the government’s declaration that deported Opposition activist Miguna Miguna is a prohibited immigrant.
Justice Chacha Mwita gave the Attorney General until Thursday to respond, enabling the court to give proper directions.
The self-proclaimed National Resistant Movement ‘General’, who was deported on Wednesday last week, has launched a fierce legal battle to have the Jubilee administration compelled to facilitate his unconditional return.
The application was opposed by AG’s lawyer Charles Mutinda.
“Citizenship is a question of facts, give us limited time we file our papers so that we can rebut, we will abide by the directions of this court and we will respond as soon as possible so that the court can make its decision, “Mutinda said.
In the ruling, the judge concurred with the Ag saying that it would be good to allow him to tell his side of the story before issuing any directives.
“What I gather in this application is there is the question as to whether the respondents were right in deporting the applicant yet he is said to be a Kenyan citizen,” said justice Mwita
“There is the second question as to whether he was given a fair hearing, for this court to make orders it is important to hear the respondents and hear if they complied with articles of the constitution,” the judge said.
Lawyers John Khaminwa, Nelson Havi, Waikwa Wanyoike and Apollo Mboya yesterday urged judge Mwita to suspend the declaration by Interior Cabinet Secretary Fred Matiang’i, pending determination of the case.
Khaminwa accused the Immigration department of failing to give Miguna a fair hearing. He was removed from the country in blatant disobedience of court orders, he said.
“We urge you to give orders so he can be returned to participate in the proceedings pending before the court. We require promptness to restore the rule of law,” Khaminwa said.
Waikwa said Miguna was entitled to a fair hearing. He asked how and he was taken to Kajiado where a charge sheet indicated he was a Kenyan but was deported three hours later.
Miguna’s lawyers will submit further responses by tomorrow mid-day ahead of the hearing of the case on Friday at noon.