The High Court has given the government until Thursday to file responses in lawyer Miguna Miguna's case.
Justice Weldon Korir says the orders issued on Monday remain in force.
The State has claimed that Miguna is free to come to Kenya but they do not know why he has not been able to travel.
Lawyer John Khaminwa on Wednesday told the court that he talked to Interior CS Fred Matiang'i who told him that the state is not opposed to Miguna's return.
The case will be heard on Friday.
The High Court had issued orders on Monday compelling the state to facilitate the entry of Miguna into Kenya on Tuesday.
Justice Korir directed the Director of Immigration, DCI and National Police Service should not interfere in any way with Miguna's entry into the country.
Korir also ordered that Registrar of the High Court release to Miguna's lawyer or an authorised officer of the Kenya National Commission on Human Rights (KNCHR) a copy of his passport.
