• Whereas President Kenyatta gave the green light for the firebrand lawyers’ landing, Miguna could not travel following a red alert by the government.
• The questions observers want answered are: Who is in charge of the government, who issued the red alert, and was it issued from the Interior ministry?
President Uhuru Kenyatta’s administration is on the spot for scuttling the return of fiery lawyer Miguna Miguna despite numerous public reassurances he is free to come back to Kenya.
The self-styled general of the National Resistance Movement (NRM-Ke) was blocked from checking-in on his flight from Germany thwarting his second bid to return home.
The Lufthansa Airline told the Star the order not to allow the lawyer on board any of their planes came from Kenyan authorities.
Neda Jaafari — Lufthansa Airline spokesperson for Europe, Middle East, and Africa— said in an email they are required to send passenger details in advance before departure to Nairobi.
“In the case of this passenger, they requested that Lufthansa deny boarding. However we are trying to help him in whatever way we can,” the email reads.
Miguna's flight was set to touch down at the Jomo Kenyatta International Airport at about 9.25pm on Tuesday.
Later on Monday evening, Miguna posted a photo inside a plane on Twitter saying he was on his way to Nairobi.
But this announcement was short-lived with Air France kicking him out of the plane before departure.
Miguna was first deported to Canada in February 2018 following his role in the unofficial swearing-in of opposition chief Raila Odinga as “the people’s president”.
He was forcibly deported for a second time in under two months after allegedly being drugged as he tried to enter Kenya.
Muslim for Human Rights (Muhuri) executive director Khelef Khalifa, rights lawyer George Kegoro, and University of Nairobi don Herman Manyora all decried Miguna’s inhumane treatment.
Government Spokesman Cyrus Oguna, when asked about the red alert, said the Foreign Affairs Ministry would handle the issue.
The spokesman said he could neither confirm nor deny whether the alert was sent or if it has existed since 2018 when the lawyer was deported.
There was speculation that the red alert was issued by the Kenya Civil Aviation Authority (KCAA) in a ‘note to airmen’ in 2018.
However, KCAA boss Gilbert Kibe said the claims were untrue and washed his hands off the saga.
“That is not true,” he firmly told the Star on the phone.
Critics also accused Raila of betraying the man who risked his life and swore him in as the people’s president.
“We want Raila Odinga to break his silence on Miguna and confirm to Kenyans that he was not the one who prevailed on Uhuru to prevent Miguna from entering the country,” former Kakamega Senator Boni Khalwale said.
Raila has been a victim of Miguna’s acerbic tongue and pen.
He has twice penned books ferociously disparaging the ODM leader’s political credentials.
A few months ago, he took to twitter and attacked Raila and his family. The attack was so vicious that some said he had crossed the red line.
On New Year's eve, Uhuru said Miguna was free to return to Kenya as it was his constitutional right.
This was later affirmed by many government officials, with the Immigration department pledging on Monday to facilitate his entry into Kenya.
“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 the country,” Immigration Services Director General Alexander Muteshi said.
On Monday, the High Court issued fresh orders directing the government to facilitate the lawyers’ entry.
Justice Weldon Korir further directed that Miguna’s passport not only be released to him but he also be allowed to use his national ID card or passport.
In various interviews with the media yesterday, Miguna alleged that the order stopping his travel was issued by the Office of the President on Monday.
“Lufthansa was not told but received a written red alert from the Office of the President last evening telling them they are not supposed to allow me board their flight heading to Nairobi and to any other African country,” the lawyer said.
He claimed the airline was threatened with the loss of landing rights had it carried him to Nairobi or any other African country.
Miguna tweeted that the directive was issued after the court orders by Justice Korir.
According to the lawyer, Lufthansa informed him they would only allow him to board when the red alert has been formally cancelled or withdrawn by the government.
“Lufthansa has stated that it is ready to transport me to Kenya when the red alert has been formally cancelled or withdrawn by the illegitimate Government of Kenya. But as of now, despite lies peddled via social media and press statements, the red alert has not been cancelled,” he protested.
In the face of the setback, Miguna assured his supporters that he was still exploring other options and would communicate new travel dates.
“I urge all my supporters, freedom fighters and genuine human rights defenders to remain focused and unbowed. Mobilise for a huge homecoming to shame the despots,” he tweeted.
Hours before Miguna was blocked from checking-in at the TXL Airport in Berlin, the government had indicated it would facilitate the opposition politician’s entry.
Immigrations boss Alexander Muteshi issued a press statement indicating that the department would comply with court orders issued by Justice Chacha Mwita on December 14, 2018.
The judge awarded the deported lawyer Sh7 million in damages ‘for violation of his rights and fundamental freedoms’.
Miguna was also awarded Sh270,000 for the damages at his Runda home during his arrest in February 2018.
Citing unconstitutionality, the court also quashed the declaration by the Immigration department which stated that the lawyer was not a Kenyan citizen.
Miguna had sued Interior Cabinet Secretary Fred Matiang’i, then Immigrations DG George Kihalangwa, then Inspector General Joseph Boinnet, DCI boss George Kinoti, defunct Flying Squad’s Said Kiprotich and JKIA OCPD.
The parties were also ordered to return the lawyer’s passport and other identification documents seized from him during his arrest on February 2, 2018.
He was deported on February 7, 2018 and denied entry when he sought to return on March 26, 2018. Yesterday was to be his second attempt to re-enter the country.
“In compliance with the court orders, the directorate will facilitate Miguna’s entry into Kenya,” the director-general said.
President Kenyatta, during Rubia’s burial, hinted that Miguna was free to return to Kenya.
“Let them come. My request to them is that they use the freedom to spread peace and unity among Kenyans. Use the freedom to help fight corruption and deliver justice. But if it is all about noise with no gains, it will not help Kenyans deal with poverty, build schools, roads, or give our youths jobs,” the President said.