November 19, 2018

Why Government will be defeated – Miguna

Political activist Miguna Miguna has sued the Government over his deportation and withdrawal of his Kenyan passport.

Miguna exuded confidence saying that he has a strong case and will defeat the ‘despots’.

“I will challenge all the illegal and unconditional actions by the despots in court starting today (February 8). I have instructed a battery of competent advocates to ensure that the ongoing rogue purveyors of impunity are brought to book,” the self-declared National Resistance Movement (NRM) said.

The case filed under a certificate of urgency at High Court through his lawyer John Khaminwa, seeks to quash the deportation orders and reinstate his citizenship.

Seven respondents are listed in the case among them Interior Cabinet Secretary Fred Matiang’i , Director of Immigration Gordon Kihalangwa, Attorney General Githu Muigai and an officer in charge of flying squad.

“That a declaration be and is hereby issued that the manner in which the Respondents conducted themselves resulting to the purported cancellation of the citizenship of the Petitioner, revocation and confiscation of his passport and other identity documents and the declaration that he was a member of a prohibited class and a prohibited immigrant and removal from Kenya were done in violation of the rule of law and in direct contravention of provisions of the Constitution,” Miguna’s affidavit reads in part.

He also wants the Government to allow him back into the country.

Interior Ministry Spokesman Mwenda Njoka said last week the State deported Miguna back to Canada based on the provisions of section 33(1) and 43(1) of the Kenya Citizenship and Immigration Act, 2011.

“Miguna acquired Kenyan passport in 2009 at a time when it was illegal for a Kenyan to hold dual-citizenship without having denounced the foreign citizenship…Under the repealed Constitution, Kenyan citizens were allowed only one nationality. Kenyan citizens who acquired other nationalities automatically lost their Kenyan citizenship,” said Mr Njoka.

The fierce Government critic was placed on a late night KLM flight on Tuesday night from Nairobi to Amsterdam.

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