The High Court has ordered Immigration boss Gordon Kihalangwa to issue lawyer Miguna Miguna with his travel documents to enable his return forthwith.
Judge Chacha Mwita said that failure to comply with the directive, the self-declared NRMKe General is at liberty to use his Canadian passport to return to Kenya.
"Issue him with the travel documents and he should be allowed to Kenya on a day he chooses and to remain within the country until his petition his heard and determined," he said.
"The orders should be served in the Standard
and the Nation Newspapers," the judge said.
The government last week filed a notice of appeal against Judge Luka Kimaru's ruling that declared lawyer Miguna's deportation illegal.
In his ruling, justice Kimaru said the declaration by Interior minister Fred Matiang'i was null and void.
But the Director of Public Prosecution expressed dissatisfaction with the entire decision.
"Take notice that the respondents intend to appeal to the Court of Appeal from the whole ruling given by the high court judge," principal prosecution counsel Duncan Ondimu said.
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On Saturday, the NRMKe General said he is preparing to return to Nairobi on March 26 terming it as a "memorable day in the history of our liberation struggle".
The lawyer and member of the National Super Alliance was deported to Canada for helping Raila Odinga take his oath as the People's President on January 30.
NASA lawyer James Orengo welcomed the decision saying they will not stop the push until Miguna returns to Nairobi.