Interior Principal Secretary Karanja Kibicho has denied existence of “Red Alerts” blocking lawyer Miguna Miguna from returning to Kenya.
The Canada-based barrister said on Monday that he was blocked from flying to Nairobi from Berlin, Germany, over “Red Alerts” issued to Air France by Kenyan authorities.
But responding to Miguna’s application filed in a Nairobi Court, Kibicho said no government agency has issued any red alert to the Lufthansa Group and Air France in relation to Miguna’s return to Kenya.
In a sworn affidavit dated November 17, Kibicho asked the court to strike out the application saying it’s based on hearsay and inadmissible evidence.
The PS, however, noted that Miguna had been advised to visit the Kenya High Commission in Ottawa and obtain an emergency certificate to enable him travel to Kenya.
The advisory followed a request by the National Commission on Human Rights to the Immigration Department seeking a passport to facilitate Miguna’s return home.
In a letter dated November 5, the Commission, alternatively, sought a temporary travel document from the department.
Miguna’s passport was seized in February 2018 following his deportation to Canada for presiding over ODM leader Raila Odinga’s oath as the people’s president.
Justice Chacha Mwita later in December 2018 ruled that Miguna’s deportation was illegal and ordered authorities to return his passport. It later emerged that the passport had been perforated.
Immigration Services Director General Alexendar Muteshi maintains that Miguna, who holds dual citizenship, must apply for a new passport, arguing it is a statutory requirement under section 28 (1) of the Kenya citizenship and immigration act in Kenya.
“Miguna is at liberty to visit the Kenya High Commission in Ottawa Canada where he will be issued with a one-way (Emergency Certificate) to enable him to travel to Kenya.,” said Muteshi.
The court had ruled on Friday that there is 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 Ong’undi said.
“Court being a Court of law expected him to adduce evidence to prove existence of the red alerts.”
Following the botched return, Miguna’s lawyers returned to court on Tuesday seeking to compel the state to remove the alerts.
A lobby group led by former Chief Justice Willy Mutunga and Law Society of Kenya (LSK) President Nelson Havi argues the government failed to keep its word and lied to the court that it had not declared him a prohibited immigrant.