Court allows Miguna to get travel papers
Canadain-based lawyer Miguna Miguna will have to obtain emergency travel documents if he intends to travel to Kenya.
Justice Hedwig Ong’undi yesterday directed Miguna to obtain travel documents within 72 hours, from either the Kenya High Commission in Ottawa Canada, or Kenya High Commission in Berlin Germany, or wherever he is.
And Miguna, a few hours after the ruling, tweeted that the Kenyan embassy based in Berlin had refused to comply with justice Ong’udi’d order.
@MigunaMiguna: “Arrived at the Kenyan Embassy, Berlin at 1:50 pm. Amb. Tom Amolo hurriedly left at 2 pm. Ushered to the boardroom by Emma Mabinda, Karuma and Esther Mungai and told that if they comply with Justice Ong’udi’s Order and issue me with a travel document, they would lose their jobs.
@MigunaMiguna: Emma Mabinda specifically told me that she has received instructions from Nairobi not to comply with the court order. She asked me for proof of Kenyan citizenship and I showed her my National ID card. She demanded a “Certificate of Regaining Citizenship.”
According to the judge, a Kenyan Identity Card is not a travel document to allow Miguna to travel from Canada to other countries, before finally landing in Kenya.
Miguna through his lawyers John Khaminwa and Nelson Havi had argued that a National ID card was sufficient for him to enter the country as a citizen.
Justice Ong’undi however, noted that it was misguided as the Constitution requires all citizens to process a passport, before engaging in international travels.
The judge noted that the lawyer who is now stuck in Germany does not have any travel documents besides his Canadian passport.
According to the judge, it was not an excuse for Miguna to ignore travel requirements as per the law.
“Nobody has stopped him from entering the country, let him obtain the travel documents first,” she ruled.
The judge directed Foreign Affairs Cabinet Secretary Raychelle Omamo to ensure the order is complied with.
“Once in possession of the emergency travel documents and upon presentation of the same, Air France should allow Miguna to board the available flight to Kenya with immediate effect,” ruled the judge.
According to Justice Ong’undi, the Kenyan citizenship and Immigration Act 2012 applies to all Kenyans.
“Upon entry, he should immediately apply for a Kenyan passport and the same to be issued to him within seven days provided there is compliance with all the requirements,” ruled the judge.
Miguna sued afresh Lufthansa Group and Air France for denying him rights to boarding their planes and the State for issuing the red alerts.
But the government has refuted claims that it issued a red alert against Miguna to airlines.
