AG has been ordered to appear in court to explain why orders allowing Miguna's return have not been obeyed

beth

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Aug 19, 2012
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AG Kihara Kariuki has been ordered to appear in court on Monday to explain why orders allowing lawyer Miguna Miguna's return to Kenya have not been obeyed.

Judge John Mativo on Friday said the government was stifling democracy by going against the court orders.

The state had no representation initially, but later, state lawyer Christopher Marwa appeared, saying their office was not aware that the case was happening on Friday

Marwa told the court the state had complied with the court orders, adding that Miguna's passport has expired and he should apply for another one.

However, Mativo said he had already delivered a ruling.

Marwa said Miguna can travel with his Canadian passport.

Miguna's lawyer John Khaminwa said the AG, solicitor general or any senior representative should appear in court on Monday.

Khaminwa argued Marwa is too junior an officer to handle the matter.

The government on Tuesday changed tune in the Miguna Miguna travel to Kenya saga.

The lawyer was blocked from checking into two airlines on Tuesday after he sought to return to Nairobi from a two-year exile in Canada.

The government said the controversial lawyer needed to apply for a new passport.

On Monday, High Court judge Weldon Korir ruled that the state facilitate Miguna's return without any conditions. He reiterated that ruling yesterday.

But spokesman Cyrus Oguna said allowing Miguna into the country without valid documents amounted to a breach of international aviation regulations.

The opposition politician was categorised as an unruly passenger in line with International Civil Aviation Organisation standards, he said.

“His unruly behaviour was seen to have the potential of threatening category A1 status of Jomo Kenyatta International Airport which the country did a lot of work to achieve,” Oguna's statement reads.

“This category certifies that we have put security and safety measures in all our airports. This is an accomplishment that we are committed to jealously protect."

The government appeared to blame the lawyer for his debacle saying it was puzzled as to why Miguna had not presented himself at Kenya’s missions abroad to apply for a passport.

“Miguna has not made an effort to obtain his passport from any of the missions, which are ready and willing to assist him get his documents once he presents himself,” the spokesman added.

But Miguna dismissed Oguna's statement as ridiculous. "There are existing valid court orders requiring compliance by the state that Oguna purports to speak for," he said.

No airline had stopped him from traveling or categorised him as unruly, the lawyer said in a statement. The court orders were in his favour.

"Oguna and those who direct him cannot alter court orders. All their appeals were either dismissed by the Court of Appeal or they withdrew them," he said.

The issue of the passport has been the bone of contention between Miguna and the state following his deportation in February 2018.

The politician accused the government of seizing and defacing his passport and has over time insisted that same be handed to him.

It is on this ground that he has remained adamant against applying for a fresh passport and wants the government to release his travel documents as ordered by the courts.

“The court made orders in my favour against them and there is not a single that requires me to apply for a passport,” he said.

Justice Korir's January 6 order directed that Miguna’s passport be released to him.

In the hard-hitting response to Oguna, Miguna said Justice Korir released the defaced passport to his advocates, arguing that the same is also to be deemed as a valid passport for purposes of entering Kenya.

“Those orders are in my favour. They require the respondents who are agents of the state Oguna works for to facilitate my unconventional return and entry into Kenya,” he stated.

He said the government cannot unilaterally alter court orders especially in the face of the appeals it lodged against the orders being dismissed or withdrawn by the state.

“Maybe they thought that I would become frustrated and unruly after their numerous attempts to provoke me using the red alert. Their nefarious schemes have failed,” Miguna said.

The lawyer cited his travel from Canada to Austria, Germany, France and Switzerland – in all of which he says he faced no restrictions in line with ICAO.

“I have used more than 10 airlines in the past two years and none of them restricted or blocked my flights due to the alleged categorization.”
Miguna commissioned Raila’s mock oath at Uhuru Park on January 30, 2018, an event that put him at crossroads with the government.
 

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