It is finally a win for the exiled lawyer Miguna Miguna whom the government has seemingly lifted the ban on his travel back to Kenya.
In a letter dated November 29, 2021, the Solicitor General, Kennedy Ogeto asked the Kenyan High Commissions in Ottawa and Berlin to facilitate Miguna’s travel by issuing him with the requisite travel documents upon the provision of the necessary documentation.
“Upon the receipt of a court order issued by Lady Justice Hedwig Ong’udi on Nov 22, 2021, we advised the Ministry of Interior and Coordination of National Government and the Ministry of Foreign Affairs and we have since received confirmation that the Department of Immigration has instructed the Immigration officers in Berlin and Ottawa to issue Miguna Miguna with the travel documents upon the filing of the requisite forms,” read the letter in part.
Ogeto did not indicate the exact date when the government received a note from the State Department of Immigration issuing orders to the Kenyan Embassies in Germany and Canada.
On November 22, 2021, the High Court of Kenya directed 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 had directed Foreign Affairs Cabinet Secretary Raychelle Omamo to ensure the stated order is complied with, but it was never effected.
“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
It has been a week-long tussle between Miguna and the Kenyan government inside the courts in what appears as the state’s hesitance to facilitate Miguna’s return.
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 Interior Cabinet Secretary Fred Matiang’i.
The alerts were directed to two airlines preventing Miguna from boarding the aeroplanes.
He was meant to fly back home on November 16, 2021 but the Kenyan government issued a red alert to Air France which Miguna had booked a flight ticket.
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.