Kenya’s High Court has suspended Interior Cabinet Secretary Fred Matiang’i’s declaration that opposition firebrand Miguna Miguna is a prohibited immigrant.
High Court Judge Enoch Chacha Mwita on Monday further suspended the cancellation of Dr Miguna’s passport by the immigration boss Gordon Kihalangwa.
He ordered the Immigration Department to facilitate Dr Miguna’s return from Canada.
The judge, at the same time, put on hold Dr Matiang’i’s gazette notice declaring the Nation Resistance Movement, a wing of the opposition National Super Alliance (Nasa), a criminal gang.
Judge Mwita ruled that Dr Miguna’s rights were violated by his deportation, and that allegations raised require him to be personally present to testify.
While pointing out that such evidence cannot be solely adduced via a sworn affidavit, the judge ordered immigration officials to issue Dr Miguna with travel documents.
In default, the judge ordered that he can use his Canadian passport, and that he can come on a date he chooses.
The judge has also ordered parties in the case to fast-track the hearing, citing the urgency of the matter.
On February 15, the court declared Dr Miguna’s deportation to Canada illegal.
Justice Luka Kimaru found that Dr Miguna was deported at the time Inspector-General of Police Joseph Boinnet and Director of Criminal Investigation boss George Kinoti were in contempt of court orders.
He said the removal of Dr Miguna from Kenya had no merit in law.
Following the ruling Dr Miguna said in a tweet, “We, the #NRMKe, Kenyan patriots and freedom fighters, believe in and are fully committed to the RULE OF LAW.
We shall use the CONSTITUTION as the SPEAR and the SHIELD in the fight against the despots.
Dr Miguna was deported to Canada on February 6 after being held incommunicado for five days.
He had been arrested for his role in the mock inauguration of opposition leader Raila Odinga as the “people’s president” and for describing himself as a general of a proscribed group, the National Resistance Movement.