Oguna vs Miguna: Lawyer rubbishes state explanation

President Uhuru Kenyatta’s Jubilee administration has changed tune in the Miguna Miguna travel to Kenya saga.

The lawyer was blocked from checking into two airlines on Tuesday after he sought to return to Nairobi from a two-year exile in Canada.

The government resorted to its earlier stance that the controversial lawyer applies for a new passport.

On Monday, the High Court judge Weldon Korir ruled that the state facilitate Miguna's return without any conditions. He reiterated that ruling yesterday.

But spokesman Cyrus Oguna said allowing Miguna into the country without valid documents amounted to a breach of international aviation regulations.

The opposition politician was categorized as an unruly passenger in line with International Civil Aviation Organisation standards, he said.

“His unruly behaviour was seen to have the potential of threatening category A1 status of Jomo Kenyatta International Airport which the country did a lot of work to achieve,” Oguna's statement reads.

“This category certifies that we have put security and safety measures in all our airports. This is an accomplishment that we are committed to jealously protect."

The government appeared to blame the lawyer for his debacle saying it was puzzled as to why Miguna had not presented himself at Kenya’s missions abroad to apply for a passport.

“Miguna has not made an effort to obtain his passport from any of the missions, which are ready and willing to assist him get his documents once he presents himself,” the spokesman added.

But Miguna dismissed Oguna's statement as ridiculous. "There are existing valid court orders requiring compliance by the state that Oguna purports to speak for," he said.

No airline had stopped him from traveling or categorised him as unruly, the lawyer said in a statement. The court orders were in his favour.

"Oguna and those who direct him cannot alter court orders. All their appeals were either dismissed by the Court of Appeal or they withdrew them," he said.

The issue of the passport has been the bone of contention between Miguna and the state following his deportation in February 2018.

The politician accused the government of seizing and defacing his passport and has over time insisted that same be handed to him.

It is on this ground that he has remained adamant against applying for a fresh passport and wants the government to release his travel documents as ordered by the courts.

“The court made orders in my favour against them and there is not a single that requires me to apply for a passport,” he said.

Justice Korir's January 6 order directed that Miguna’s passport be released to him.

In the hard-hitting response to Oguna, Miguna said Justice Korir released the defaced passport to his advocates, arguing that the same is also to be deemed as a valid passport for purposes of entering Kenya.

“Those orders are in my favour. They require the respondents who are agents of the state Oguna works for to facilitate my unconventional return and entry into Kenya,” he stated.

He said the government cannot unilaterally alter court orders especially in the face of the appeals it lodged against the orders being dismissed or withdrawn by the state.

“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,” Miguna said.

The lawyer cited his travel from Canada to Austria, Germany, France and Switzerland – in all of which he says he faced no restrictions in line with ICAO.

“I have used more than 10 airlines in the past two years and none of them restricted or blocked my flights due to the alleged categorization.”

“Uhuru Kenyatta must obey court orders without equivocation or argument. Court orders are not suggestions. I will not beg for my rights! Period,” Miguna said.

Much as the lawyer has insisted that the red alert issued against him is new, a note by Immigration Department banned all airlines from carrying him to JKIA.

The memo by an assistant director of immigration addressed to the Airline Operators Committee states that Miguna was declared a prohibited immigrant.

This followed his deportation in February 2018 and later on March 26, 2018 when the controversial lawyer sought to return to the country.

“He was declared inadmissible. All airline operators out of JKIA are therefore notified not to board this passenger without express clearance by the director of immigration services,” the note seen by the Star reads.

It further states that any airline that would convey Miguna into Kenya without clearance will be subjected to sanctions.

The official said such airlines would be punished in line with ICAO regulations as well as the Kenya Citizenship and Immigration Act.

The losses an airline can suffer including cancellation of landing rights, a move that is likely to affect their routes through Nairobi.

Calls by the Star to Immigrations boss Alexander Muteshi to confirm the status of the notice went unanswered.

However, a source intimated to the Star that the order is yet to be lifted, hence the refusal by Luthansa Airlines and Air France to ferry Miguna on Tuesday.

“The note to airmen has been in existent since 2018. Until it is lifted, no airline will dare clear Miguna for boarding,” the senior state official said.

Both Lufthansa and Air France indicated they were requested by Kenyan authorities to deny the lawyer a boarding pass.

Air France, which was the latest to eject Miguna after boarding, said they did so in compliance with international regulations governing air transport.

“We were obliged to deny boarding as soon as we received the request of Kenyan authorities, as Lufthansa had to do it this morning,” the airline said.

Much as the government denied it was frustrating Miguna, the lawyer has earned the sympathy of various leaders who accused President Kenyatta administration of clawing back human rights.

Gatundu South MP Moses Kuria dragged ODM leader Raila Odinga into Miguna’s troubles claiming the ODM side are not happy with his return.

Miguna commissioned Raila’s mock oath at Uhuru Park on January 30, 2018, an event that put him at crossroads with the government.

"When President was talking of allowing Miguna during the burial of Rubia he meant every word of it but I have information that the person who is behind Miguna's tribulations is Raila," Kuria said.

Senate majority leader Kipchumba Murkomen held that some powerful individuals in the Jubilee administration are sabotaging the President on the matter.

“Those frustrating Miguna are outrightly sabotaging the Head of State, embarrassing his administration and denting his legacy,” the Elgeyo Marakwet senator said.

Makueni senator Mutula Kilonzo Junior warned that the law will soon catch up with the opposition politician’s oppressors.

“One day someone will be held accountable for the outright violations of Dr Miguna’s rights as a Kenyan,” Mutula said.

Politician Mohammed Dida said President Kenyatta, DP William Ruto and ODM leader Raila Odinga are behind the lawyer’s woes.

“When the time comes, let Uhuru, Matiang'i, Ruto and Raila pay from their own pockets, the billions that court will award Miguna. You can't be more Kenyan than another Kenyan,” Dida said.

Nyali MP Mohammed Ali said it was a foolhardy for the government to preach unity through the Building Bridges Initiative while at the same time ignoring court orders.

“Individuals within government must learn to respect court orders. Otherwise there is no essence of preaching unity and peace through BBI yet Kenyans like Miguna are being taken through hell,” the first-term lawmaker said.