High Court Judge John Mativo has directed Attorney General Kihara Kariuki to give an advisory opinion explaining the disobedience of court orders by the State.
The AG had sent a representative to court but Miguna lawyers rejected him saying the issue needs to be addressed by the AG himself.
In his ruling Justice Mativo said the AG as a friend of the court should shed light on the issue of continued disobedience of court orders.
The judge said the AG can bring the written opinion himself or send a representative with it.
The case will be mentioned on Tuesday next week.
The government last week changed tune on Miguna's return to Kenya.
The lawyer was blocked from checking into two airlines last week 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.
High Court judge Weldon Korir had ruled that the state facilitate Miguna's return without any conditions.
But spokesman Cyrus Oguna said allowing Miguna into the country without valid documents amounted to a breach of international aviation regulations.
The fiery lawyer was categorised as an unruly passenger in line with International Civil Aviation Organisation standards, he said.
