Lawyer Miguna Miguna’s return to Kenya is uncertain after a High Court on Friday declined to lift the red alerts issued by the government.
Judge Hedwig Ong’undi said there was no evidence showing that Miguna had been stopped from returning to the country.
“There is no evidence to prove the alerts exist. This court cannot rule on speculation to grant the orders he is seeking. Case dismissed,” Justice Hedwig said.
“Court being a Court of law expected him to adduce evidence to prove existence of the red alerts.”
Miguna who is set to travel on Tuesday has claimed that the red alerts have prevented him from boarding Lufthansa and Air France airlines for purposes of returning to the country.
“It is lawful and just that the red alerts issued by the Attorney General and Fred Matiang’i to the two airlines or any other airline be lifted to enable me travel to Kenya,” he said.
The barrister who is based in Canada is set to be accompanied by former Chief Justice Willy Mutunga and Law Society of Kenya (LSK) president Nelson Havi.
Miguna was was first deported in February 2018 after taking part in the swearing-in of ODM party leader Raila Odinga as the ‘People’s President’ at Uhuru Park on January 30, 2018.