The drama surrounding the deportation of fiery lawyer Miguna Miguna continued to unfold Wednesday following reports that immigration boss Gordon Kihalangwa had surrendered the Nasa activist’s passport to court.
In a letter written to the deputy registrar of the High Court’s criminal division, Ngatia and Advocates indicated that the Immigration director had complied with a court order which required him to deposit the passport in court.
Whilst the court ordered that a valid passport be surrendered, the letter said that the one which was surrendered was perforated.
“In compliance with orders issued on February 15, we attach hereto the perforated passport of the applicant,” the letter read.
According to the lawyers representing the Immigration director, the passport had to be surrendered in that manner since it was perforated as soon as he was deported to Canada.
“Dr Miguna’s passport A116842 issued on March 23, 2009 was confiscated by the Immigration Department on February 6 and perforated as soon as he was deported, perforation of a passport is a standard procedure once a holder is deported,” the lawyers said.
The letter was written on February 21 and was received by Deputy Registrar Roselyn Aganyo on the same day and also stamped to acknowledge receipt.
HIGH COURT ORDER
High Court Judge Luka Kimaru had last week ordered the Immigration boss to surrender the passport within seven days in a ruling which he declared Interior Cabinet Secretary Fred Matiang’i’s declaration that the lawyer is a prohibited immigrant as null and void, with no legal effect.
On that day, the judge also ordered the Director of Criminal Investigations George Kinoti and Inspector-General of Police Joseph Boinnet to personally give a written undertaking that they will comply as well as give effect to the orders of the court in seven days.
The judge, having found the DCI and the IG guilty of acting in contempt of court, pointed out in his ruling that they were still at liberty to defend their actions in a court of competent jurisdiction besides appealing against his decision.
“The valid Kenyan passport shall be surrendered to the deputy registrar of this court by Immigration director within seven days of this ruling. That passport shall be dealt with by the court with jurisdiction in accordance with the law,” the judge had ruled.
But as soon as reports of the passport being surrendered in court were out, Dr Miguna protested that the immigration boss had not actually complied with the order issued by court.
He protested on social media that his passport was destroyed first before being deposited in court.
“The court order clearly states that they must deposit the passport with the High Court Registry in seven days… that implies the return of a functioning, valid passport in the same manner they took it from me; not something else,” he said.
Dr Matiang’i, Mr Kinoti and Mr Boinnet have appealed against Justice Kimaru’s ruling and a case challenging Dr Miguna’s deportation as well as cancellation of his Kenyan passport is still pending before High Court Judge Enoch Chacha Mwita.