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Judge orders AG to give written opinion on Miguna return riddle

By Bernice Mbugua
Tuesday, January 14th, 2020
Miguna Miguna lawyer John Khaminwa leaves Milimani Law Courts yesterday after the hearing of the case where Miguna has applied for orders to allow him back to Kenya. Photo/PD/CHARLES MATHAI
In summary
    • Justice John Mativo ruled that the Attorney General, as a friend of the court, should provide written opinion.
    • Lawyers John Khaminwa and Harun Ndubi accused the State of treating the matter casually.
    • Justice Weldon Korir ordered that Khaminwa, Miguna’s lawyer,  be granted access to all immigration entry areas.

Attorney General Kihara Kariuki has been ordered to write a legal opinion on why the State has failed to obey court orders directing it to facilitate the return of lawyer Miguna Miguna.

Justice John Mativo ruled that the Attorney General, as a friend of the court, should provide written opinion to assist the court determine Miguna’s case.

The AG was expected to appear in court yesterday but he sent State counsel Emmanuel Bitta.

However, Miguna’s lawyers John Khaminwa and Harun Ndubi accused the State of treating the matter casually and that the issues need to be addressed by the AG himself.

“The government is in contempt of several orders issued by the court. There is somebody who is interfering with criminal justice,” Khaminwa argued.

Justice Mativo, however, ruled that the AG does not have to appear in person and can send a representative with the opinion.

On Monday last week, Justice Weldon Korir prohibited the State from interfering in any way whatsoever with Miguna’s entry into Kenya.

“An order is hereby issued directing the Registrar of the High Court to release to Miguna’s lawyer or an authorised officer of the Kenya National Commission on Human Rights (KNCHR) the copy of his Kenya passport currently under the custody of the Court for the use by Immigration Officers in his identification as a citizen of Kenya,” ordered Justice Korir.

The court further issued an order compelling Interior CS Fred Matiang’i, Director of Immigration Alexander Muteshi, Inspector General of Police, Hillary Mutyambai and Director of Criminal Investigations George Kinoti to facilitate his entry into Kenya.

Justice Korir also issued an order that Khaminwa, who is Miguna’s lawyer, be granted unhindered access to all immigration and port of entry areas.

Miguna is, however, to jet back into the country with the State claiming it has no control of the situation and that he is free to return if his travel documents are processed .