A Kenyan high court has declared the deportation of Kenyan-born opposition lawyer Miguna Miguna to Canada illegal and without merit in the laws of the country.
Justice Luka Kimaru ordered the government on Thursday to present the outspoken opposition member’s passport to the court within seven days, reports local news portal Daily Nation.
Miguna Miguna was deported to Canada last week after spending three days in detention following his arrest and charges of “being present and consenting to the administration of an oath to commit a capital offence, namely treason”.
His arrest followed the swearing-in of opposition leader Raila Odinga as the “people’s president” which was described by the government as treasonous. The members of the National Super Alliance (NASA) party who were present at the event including Miguna had their passports confiscated.
Miguna Miguna filed the case on Monday seeking reinstatement of his Kenyan passport and citizenship as well as access to immigration and customs clearance when he returns to his country.
He sued Interior Cabinet Secretary Fred Matiang’i, immigration heads Gordon Kihalangwa, Mr Boinnet and Mr Kinoti for violating “constitutional, municipal and international law on citizenship and right to a fair administrative action and dignity.”
Miguna said in a tweet after the ruling that: “We shall use the CONSTITUTION as the SPEAR and the SHIELD in the fight against the despots.”
We, the #NRMKe, Kenyan patriots and freedom fighters, believe in and are fully committed to the RULE OF LAW. We shall use the CONSTITUTION as the SPEAR and the SHIELD in the fight against the despots. @RailaOdinga @KTNNews @dailynation @ntvkenya> https://t.co/Ea8KddMJYB
— Dr. Miguna Miguna (@MigunaMiguna) February 15, 2018