• The court yesterday ordered the state not to in any way interfere with the activist's entry into the country.
• Miguna was first deported on February 6, 2018, over his role in the mock swearing-in of ODM leader Raila Odinga on January 30 as people's president
Lawyer-cum-political activist Miguna Miguna arrives in Kenya tonight, 10 months after he was forced into an Emirates Airline jet bound for Dubai.
Yesterday, Judge Weldon Korir of the High Court, ordered that his lawyer John Khaminwa be provided unhindered access to the self-declared National Resistance Movement leader when he disembarks from Lufthansa Flight LH 590 at 9.25pm.
Khaminwa had said he should have full access to Miguna at all immigration and port of entry areas where his re-entry will be processed by the state agencies.
While issuing the directive, Korir also said the state should not in any way interfere with the activist's entry.
He ordered Director of Criminal Investigations George Kinoti, Interior CS Fred Matiang’i and Director of Immigration Alexander Muteshi to facilitate Miguna's entry into the country.
The registrar of the High Court was also to release to the activist’s lawyer or an authorised officer of the Kenya National Commission on Human Rights a copy of his passport.
Miguna’s passport has been in the custody of the court after Muteshi surrendered it in accordance with earlier orders. Similarly, his identity card should also be handed over to Khaminwa.
“Any full-time officer and counsel of Kenya National Commission on Human Rights will also have access to MM. The officer is also required to file a report with the court within seven days of Miguna's entry to show compliance,” the judge ruled.
Miguna was first deported on February 6, 2018, days after his arrest over his role in the mock swearing-in of Orange Democratic Movement (ODM) leader Raila Odinga on January 30, 2018.
He tried to return to Kenya on March 26, 2018, but was denied entry and instead detained incommunicado and without food and access to his lawyers in a toilet at Terminal 2 of the Jomo Kenyatta International Airport.
A day later, Justice Roselyn Aburili ordered his release and that he should appear before the duty judge of the constitutional and human rights division at 9am. Miguna in his court documents said they served the orders to the respondents but they declined to release him.
Matiang’i, Muteshi, Inspector General of Police Hilary Mutyambai, Kinoti, the Flying Squad (since disbanded), OCPD at the Jomo Kenyatta International Airport and the Attorney General were listed as the respondents.
According to Miguna, on or about 19:30 on March 28, police officers under the command of (the then) IG Joseph Boinett and OCPD JKIA assaulted and violently removed his advocates from JKIA where they had gone to serve the orders issued by the court earlier in the day.
He says the respondents then forcefully and violently attacked him at the toilet cell where he was allegedly drugged and put in an aircraft owned by Emirates Airline and illegally removed to Dubai.
Miguna, a Kenyan citizen by birth, maintains that he has never renounced or lost his Kenyan citizenship.
He says his recent application in court was necessitated by the refusal of the state to comply with numerous court orders, especially those that require that they facilitate his return into Kenya.
“I am apprehensive that the state will frustrate or refuse my re-entry into Kenya. I am fearful that they will torture me as they have done in the past. I also fear that they will detain or kill me,” read the court documents.
Yesterday, Muteshi said they will facilitate Miguna’s return.
“This is to confirm that in compliance with the court orders issued on December 14, 2018, the directorate will facilitate Dr Miguna's entry into Kenya.”
But Miguna, in a tweet shortly after said, "Patriots, ignore the statement by Alexander Muteshi. It is their inept damage control after the High Court orders today.
"Let the rogues comply with all the court orders issued today and the numerous ones issued in 2018. A good start would be the delivery of my Kenyan passport."
Miguna had on Monday morning tweeted that he did not want any preferential treatment.
“I want and demand all my rights and fundamental freedoms to be respected. I want my valid Kenyan passport back. I want court orders to be obeyed and complied with. I must enter Kenya unconditionally as a Kenyan,” he said.