Government differs with high court ruling over Miguna case  

By Fauxile Kibet

In what has come to be a tug of war between the Kenyan government and the country’s judiciary, the government has dismissed an earlier ruling by the high court terming the deportation of controversial opposition activist Miguna Miguna as illegal.

Miguna Miguna was recently arrested and deported to Canada over claims that he had played a role in the swearing in of Opposition leader Raila Odinga as the “people’s president”.

Earlier Thursday, the high court declared the move to deport Mr Miguna as illegal adding that the Inspector General of Police Joseph Boinnet and Director of Criminal Investigations George Kinoti’s actions were in contempt of court.

But in a quick rejoinder, Interior Principal Secretary stated that the government stood by its earlier stated view that the deportation of Mr Miguna was procedural and was done in accordance with the law.

“We believe the ruling by Justice Luka Kimaru which further directs the Director of Immigration Services to surrender Mr. Miguna’s illegaly acquired Kenyan passport to the court within seven days is not in the best interest of the country,” read a statement sent by the PS to newsrooms.

The Principal Secretary added that the Kenyan government’s legal team was studying the ruling and will lodge an appeal seeking to overturn the court’s decision.

On Monday, the outspoken opposition activist moved to the country’s High Court through his lawyer John Khaminwa seeking to quash the deportation orders and reinstate his citizenship.

The country’s opposition leaders welcomed the ruling saying that they would use the constitution to counter the Kenyan Government’s “dictatorial actions”, which has seen a section of politicians allied to Kenya’s opposition Chief Raila Odinga arrested in the past weeks.

“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,” Mr. Miguna tweeted.
Kenya however argues that Mr Miguna Miguna – a Kenyan born activist and lawyer lost his citizenship when he acquired a Canadian passport in 1988 after his application for a Kenyan one was denied on September 12 1987.