Miguna returns to Canada from Berlin, rues failed homecoming
Controversial lawyer Miguna Miguna finally left Berlin and travelled back to his base in Canada.
Miguna said on his twitter handle that he had “no option other than returning to exile” having been stranded in Berlin, Germany for the last two weeks after the Kenya government blocked him from flying back to the country following his deportation two years ago.
The lawyer had arrived in Berlin on January 5 ready to fly to Kenya the following day.
He was however shocked to learn that the government had issued a red alert, barring him from flying to Kenya or any other African country.
Lufthansa Airlines blocked him from boarding their plane. Later attempts to board an Air France jet to Nairobi ended the same way after he was ejected from the plane.
Meanwhile, Attorney General Kihara Kariuki has asked the court to consider the immigration law on the re-entry of Kenyan citizens into the country in the Miguna Miguna case.
In his advisory opinion regarding the matter, the AG said the court should be alive to the factual circumstances on compliance and intervening facts which might complicate the compliance.
Justice John Mativo on January 13 requested the AG in his capacity as a friend of the court to give his opinion on why the State has failed to obey court orders allowing Miguna’s return to Kenya.
“We submit that obedience of the court orders is one of the tenets of the rule of law and concept of court and ought not to be counter named in a constitutional democracy such as ours,” the AG stated in the advisory opinion.
The AG, however, submitted that the courts in seeking to enforce the rule of law should be alive to the context of every case based on the application of the law and the applicable facts.
