The High Court has ordered Attorney General Paul Kihara to appear in court on Monday to explain the government’s reluctance to obey court orders in exiled lawyer Miguna Miguna’s case.
Judge John Mativo on Friday criticized the state saying the acts amount to stifling democracy.
“The values of obeying orders are not there for cosmetic purposes … Court orders are there to be obeyed in ensuring the rule of law is upheld,” Justice Mativo.
“The respondents have consistently shown disrespect for court orders; that is worrying trend.”
Miguna’s legal team led by Dr John Khaminwa wanted the government found guilty of contempt of court.
He argued that the state had failed to facilitate Miguna’s return as ordered by the court. He also sought to have Miguna compensated by the state for violating his rights.
During the session, the state had no representation.
Read: Gov’t Wants An “Unruly” Miguna To Obtain Passport From Any Kenyan Mission
Later on, state lawyer Christopher Marwa appeared in court saying that he was not aware the case proceedings were today.
Marwa stated that the government had not disobeyed any court orders saying Miguna’s passport had expired and that he should apply for a new one at any Kenyan mission abroad before he is granted entry into the country.
Miguna, who was expected to make his homecoming on Tuesday, was blocked by Lufthansa and France Air from boarding a plane to Nairobi over a red alert issued by the government.
This is despite fresh orders issued on Monday by justice Weldon Korir to compel the state to facilitate Miguna’s return home.
Government Spokesperson Cyrus Oguna on Wednesday said Miguna was categorised as an unruly passenger following dramatic scenes that were witnessed at the Jomo Kenyatta International Airport (JKIA) in March 2018.
Read Also: Questions As State Counsel Tells Court Gov’t In The Dark On Miguna’s Travel Woes
“Dr. Miguna was categorized as an unruly passenger in line with Annex 17 of International Civil Authority Organization (ICAO) standards and recommended practices that allow prohibition of unruly passengers, ” said Oguna.
“His unruly behaviour was seen to have the potential of threatening category Al status of JKIA which took the country a lot of effort and work to achieve. This category certifies that we have put in place all the necessary safety and security measures in all our airports.”
The lawyer’s passport was seized by the authorities in March 2018 before he was forcefully deported to Canada.
Read Also: How Judiciary Can Save Miguna From State Impunity
The state accused him of treason after swearing-in opposition leader Raila Odinga as the People’s President.
On December 14, 2018, High Court Judge Chacha Mwita ruled that the deportation was illegal and in violation of Miguna’s rights.
Justice Mwita ordered the state to facilitate his entry into Kenya by issuing him with a Kenyan passport.
Email your news TIPS to Editor@kahawatungu.com or WhatsApp +254707482874. You can also find us on Telegram through www.t.me/kahawatungu
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
