• Airlines accused of facilitating Miguna's illegal, arbitrary and forced exclusion from Kenya.
• The lawyer says the airlines are willing to operate outside the law and to facilitate the violation of human rights for purely profit and business ends.
Lawyer Miguna Miguna wants Lufthansa and Air France airlines compelled to transport him to Kenya within 48 hours.
The lawyer, who lives in Canada, wants the landing rights of Lufthansa and Air France suspended.
Miguna, in court documents filed by lawyer John Khaminwa, accuses the airlines of facilitating his illegal, arbitrary and forced exclusion from Kenya despite clear court orders.
His application will be heard and directions given at the Milimani Law Courts on Monday.
Khaminwa is seeking orders restraining any aircraft affiliated to the two airlines from landing at any airport or airstrip in Kenya, except for the purpose of facilitating Miguna's transportation back to the country.
Kenya Civil Aviation Authority's director-general Gilbert Kibe and Kenya Airports Authority's acting managing director Alex Gitari are to effect the order.
Miguna says that the two airlines' refusal to transport him to Kenya, demonstrates that they are overly willing to operate outside the law and to facilitate the violations of human rights for purely profit and business ends.
On January 6, Justice Weldon Korir compelled the state to facilitate the lawyer's entry. The judge said the Director of Immigration, DCI and National Police Service should not interfere in any way with Miguna's entry into the country. He also ordered that Registrar of the High Court release to Miguna's lawyer or an authorised officer of the Kenya National Commission on Human Rights a copy of his passport.
Miguna says when he sought to check in to board the Lufthansa Airline at Berlin Airport on January 7, he was denied on account that they had been barred by the Kenyan government. The ban was termed “Red Alert”.
Miguna says he suffered the same fate with Air France.
“In spite of insisting to the Lufthansa Group and Air France that I had valid Court orders from Kenya requiring me to return, both airlines insisted that they could not act on the basis of those court Orders and would only transport me if it received an advisory from CS Foreign Affairs Raychel Omamo,”
Miguna accuses both airlines of willingly allowing to be recruited as agents of impunity and oppression by the Attorney General to violate the Kenyan Constitution.
He says the airlines, by their refusal to transport him to Kenya while fully aware of the numerous court orders, have violated his rights and shown their contempt for the Kenyan courts.