• Miguna on Wednesday said the court made orders in his favour against the government and there is not a single that requires him to apply for a passport.
• The lawyer said Oguna and those who direct him cannot unilaterally alter court orders. All their appeals were either dismissed by the Court of Appeal or they withdrew them," he said.
Image: COURTESY
Controversial lawyer Miguna Miguna has maintained he will not beg for his rights to gain entry into the country.
Miguna on Wednesday said the court made orders in his favour against the government and there is not a single condition that requires him to apply for a passport.
He was responding to government spokesman Cyrus Oguna, who said Miguna would only be allowed in the country after obtaining a valid Kenyan passport.
Oguna earlier on in a statement said Miguna has proved to be an unruly passenger, following the fracas he caused during his forcible deportation in 2018.
"His unruly behaviour was seen to have the potential of threatening category A1 status of JKIA which took the country a lot of effort and work to achieve," he said.
He said as a result, in accordance with the Annex 17 of the Intentional Civil Authority Organisation, JKIA made recommendations that allow prohibition of unruly passengers.
"This category certifies that we have put in place all necessary safety and security measures in all our airports. This is an accomplishment that we are committed to jealously protect," Oguna said.
Oguna said Miguna is free to enter Kenya once he gets his passport, but added that the lawyer has not made any effort to visit a Kenyan mission to obtain one.
But Miguna in his response said there are existing valid court orders requiring compliance by the state that Oguna 'purports' to speak for.
He said the orders are in his favour and require the respondents "who are agents of the state Oguna works for" to facilitate his unconventional return and entry into Kenya.
"Oguna and those who direct him cannot unilaterally alter court orders. All their appeals were either dismissed by the Court of Appeal or they withdrew them," he said.
He added, "The High Court has clearly ordered Oguna’s bosses to return and/or issue me with a valid Kenyan passport because they had illegally seized and destroyed my valid passport. They continue to disobey that order, as well".
On Monday, Justice Korir ordered the government to facilitate Miguna's return and entry into Kenya without any conditions.
According to Miguna, Justice Korir ordered the Immigration department to consider his National Identity card, which he only has as a sufficient travel document.
"Justice Korir further ordered that the Kenyan passport they had destroyed and which Justice Korir released to my advocates, is also to be deemed as a valid passport for purposes of entering Kenya," he said.
Miguna dismissed claims that he had been categorised as unruly.
"No airline has stopped me from traveling. No airline has categorized me as unruly. Maybe they thought that I would become frustrated and unruly after their numerous attempts to provoke me using the red alert. Their nefarious schemes have failed," the lawyer said.
"I have travelled in five countries in the last 3 days. I travelled from Canada to Austria, Germany, France and Switzerland. I have recently also traveled to the United States of America, UK and Mexico. None of these countries have denied me entry, yet I am not a citizen in those countries," he added.
Miguna claimed he has used more than ten airlines in the past 2 years and none of them restricted his flights due to the categorisation.
"The court ordered them to issue me with a travel document without requiring an application because they had illegally destroyed my passport," he noted.
Miguna argued that Oguna is not a respondent in any of the applications neither is he an advocate for any party.
"He is not a judge presiding over any of the cases I have filed in court. He has no standing and cannot pronounce himself on the numerous violations of my fundamental rights and freedoms," Miguna said.