• In his ruling, Justice Hedwig Ong'undi said Foreign Affairs CS Raychelle Omamo must ensure the said order is complied with.
• Once in possession of the emergency travel document, Air France should allow him to board an available flight to Kenya with immediate effect.
Image: COURTESY
On Monday afternoon this week, the High Court directed exiled lawyer Miguna Miguna to obtain an emergency travel document from the Kenyan High Commission in Ottawa, Canada, or Berlin, Germany, within 72 hours.
In his ruling, Justice Hedwig Ong'undi said Foreign Affairs CS Raychelle Omamo must ensure the said order is complied with.
Once in possession of the emergency travel document, Air France should allow him to board an available flight to Kenya with immediate effect.
The court added that once Miguna is in Kenya, Miguna should immediately apply for a Kenyan passport, and the same issued to him within seven days as long as all requirements are complied with.
Following the ruling, Miguna heeded to the order and presented himself to the Kenyan Embassy in Berlin two hours after.
However, the embassy did not facilitate Miguna with the travel documents, saying that they had not been served with the court order by then.
The next day, Miguna went back to the embassy with the order, but he failed to get the documents for the second day.
By the time the 72 hours elapsed, Miguna had not been issued with the travel documents, hence delaying his desire to step on the soil of his motherland country.
In his argument, Miguna reiterated that he has never lost his citizenship which was acquired through birth.
Citizenship by birth cannot be revoked or lost. I have never renounced my citizenship. Those claiming I did must prove it. The court has ruled that I never lost my citizenship. They want to make me a citizen by registration so that I cannot hold any STATE POSITION.
— Dr. Miguna Miguna (@MigunaMiguna) November 24, 2021
He promised to fight for his rights, saying that the Kenyan government can block him from coming to Kenya but he will never cave in.
On Thursday evening, there was fake news being circulated on social media platforms claiming that the government has lifted the Red Alert Order that had been issued to all airlines barring them from facilitating Miguna’s movement to any country in the African continent.
One blogger posted on Twitter, “BREAKING: Miguna Miguna cleared to come back to Kenya. Red alerts removed.”
The information has been proven to be propaganda by Miguna as he said, “…they have refused to issue me with a travel document as directed. Let no one spread any other nefarious propaganda. The struggle continues.”
He added, “Retract the FAKE news you broadcast today about the Red Alerts. The fact is that President Uhuru Kenyatta, Interior CS Fred Matiang’i, and his PS Karanja Kibicho have NOT withdrawn them, or obeyed the Court Orders.”
Miguna asked Kenyans to ignore the wrong information.
If the information was correct, his lawyers would have also shared the news with media outlets.