The High Court has ordered the government to release lawyer Miguna Miguna from detention at the Jomo Kenyatta International Airport.
Lady Justice Roselyn Aburili on Tuesday issued the directive after lawyers representing Dr Miguna dragged the government to court, seeking his unrestricted entry back into the country.
Consequently, Justice Aburili directed that the activist be immediately released and that he presents himself in court on Wednesday.
Lawyers John Khaminwa, Nelson Havi and Julie Soweto had sued the government over the matter.
They have also sued the Attorney-General and the officer commanding police division at JKIA.
In sworn case documents, the lawyers claimed that Dr Miguna has been held incommunicado in a toilet at Terminal 2 at Nairobi’s JKIA and that his Canadian passport has been withheld.
They further argued that the sued parties have refused to comply with earlier court orders, which required them to provide him with travel documents to enable his re-entry.
“He is justifiably apprehensive following the sued parties conduct that he will be abused, tortured, mistreated and unlawfully removed from the jurisdiction in order to frustrate orders of the court,” Mr Havi said.
The lawyers have requested the court to urgently intervene in order to save him from the continued prejudice since as a Kenyan citizen he is entitled to re-enter the country unencumbered.
Dr Miguna arrived in the country on Monday at 2.30pm.
On February 15, Justice Luka Kimaru declared that Interior Cabinet Secretary Fred Matiang’i’s declaration of Dr Miguna as a prohibited immigrant was null and void on grounds that it was issued in contempt of court.
The lawyers want the High Court to issue an order that allows Dr Miguna to remain in the country on the basis of his Kenyan passport as well as his national identity card or a temporary entry permit in lieu of a Kenyan passport.
They also want the court to stop any attempts by the government to deport him again and that his Canadian passport be returned untampered.