• High Court Judge John Mativo had directed Attorney General Kihara Kariuki to give an advisory opinion explaining the disobedience of court orders by the State.
• Khamninwa said he will file an application on Wednesday to oppose the set date of March 23 which he said is too far.
Lawyer Miguna Miguna's bid to return home has suffered yet another blow after the court pushed his case further to March 23.
His lawyer John Khaminwa on Tuesday divulged that his client is going through hell in Europe.
"Dr. Miguna Miguna is going through hell in Europe. He would like to return to his motherland," lawyer Khaminwa said.
Khaminwa was reacting to Tuesday's court's decision to push Miguna's case in his absence.
He has accused the counsel from the Attorney General for allowing the magistrate to decide on the case at 9 am, earlier than the agreed time of 11 am without their presence.
"It is our respective view that the counsel from the AG has not been candid enough. He should have explained to the judge that this matter was set for mention at 11 am," Khaminwa said.
Khamninwa said he will file an application on Wednesday to oppose the set date of March 23, which he said is too far.
"We intend to make an application tomorrow, by way of certificate of urgency to try and persuade the lordship to try and give us an early date and canvas the judge so that Miguna Miguna can return home urgently," Khaminwa said.
Kenya National Commission on Human Rights lawyer Victor Kamau was also not in court when the decision was made.
Kamau echoed Khaminwa's remarks, saying that the court had earlier ruled that the case should be mentioned at 11 am.
High Court Judge John Mativo had 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 lawyer was blocked from checking into two airlines on January 7 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.