The government has taken its battle against the return of deported fiery lawyer Miguna Miguna to the Court of Appeal.
Director of public prosecutions, inspector-general of police and the director of criminal investigations on Tuesday asked the second highest court in the land to set aside a High Court ruling declaring Mr Miguna’s deportation to Canada as null and void.
Justice Luka Kimaru had struck out the declaration issued by Interior CS Fred Matiang’i that the lawyer is a prohibited immigrant.
He said the removal of Dr Miguna from Kenya on February 6 had no merit in law.
But on the day the High Court decision was issued, Dr Matiang’i filed a notice of appeal while claiming that the High Court had no jurisdiction to declare null and void his declaration regarding the self-proclaimed general.
In the appeal, the DCI and the IG claim that since they are state officers currently serving in various capacities, they are at a risk of being removed from those positions.
According to the DCI, the High Court’s decision was reached before they were granted a hearing.
They allege that their right to a fair trial has been violated, and that the High Court breached the provisions of contempt of court Act.
“If the orders issued by High Court are not suspended and they take effect, the appeal will be rendered wholly nugatory,” they said.
Dr Miguna was arrested on February 2 over participating in Nasa leader Raila Odinga’s January 30 ‘swearing-in’ and being a member of NRM, which was declared an illegal group.
He was held incommunicado.
The High Court had ordered the police to produce him at the Milimani courts, but he was instead charged in a Kajiado court on February 6.
He was deported to Canada the same day.
On February 12, Dr Miguna filed a suit seeking reinstatement of his Kenyan passport and citizenship.
He also sought an order to allow him back into the country, as well as access to immigration and customs clearance.