Court Directs Miguna To Obtain Emergency Travel Document in Canada For His Return To Kenya
The High Court of Kenya has directed lawyer Miguna Miguna to obtain an Emergency Travel Document from the Kenyan High Commission in Ottawa Canada or Berlin Germany within a period of 72 hours.
High court judge, Justice Hedwig Ong’undi has further directed Foreign Affairs Cabinet Secretary Raychelle Omamo must ensure the stated order is complied with.
Once in possession of the Emergency Travel Document, Air France should allow the Dr. Migua to board an available flight to Kenya with immediate effect.
“The petitioner applicant upon entry in Kenya should immediately apply for a Kenyan passport and the same to be issued to him within 7 days of such application provided there’s compliance with all the requirements,’’ said Justice Ong’undi
In response to a fresh case filed by Dr. Miguna seeking the lifting of the red alerts, Kibicho in an affidavit dated November 17 says the entire application by Miguna is based on hearsay and inadmissible evidence and ought to be struck out.
The PS responded that Miguna was advised through Kenya National Commission on Human Rights in a response to its request to the Ministry of Interior to facilitate his safe return, to visit the Kenya High Commission in Ottawa and obtain an emergency certificate to enable him to travel to Kenya.
According to court documents, the commission on Human Rights wrote on 5 November to the Immigration department asking them to facilitate Miguna’s return to Kenya by issuing him with a valid Kenyan Passport.
Alternatively, they sought a temporary travel document. Justice Chacha Mwita had in a judgement delivered on 14 December 2018 found that Miguna was illegally held and later deported from the country by force.
The court declined Miguna’s request on November 12 for an order to lift red alerts issued by the Attorney General, Alex Gitari, acting managing director and Intereior Cabinet Secretary Fred Matiang’i. The alerts were directed to two airlines preventing Miguna from boarding the aeroplanes.
The court however dismissed his application saying Miguna had not provided any evidence to show there exist any red alerts.He then made a fresh attempt and filed a new application through Lawyer John Khaminwa seeking the lifting of the red alerts given by the Kenyan government to the two airlines.