Kenya's Miguna free to return but must have valid documents: State

Monday January 6 2020

Lawyer Miguna Miguna at JKIA

Lawyer Miguna Miguna reacts at the Jomo Kenyatta International Airport in Nairobi on March 26, 2018 after the Immigration department declined him entry into Kenya without a Kenyan visa. PHOTO | SIMON MAINA | AFP 

MARY WAMBUI
By MARY WAMBUI
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The government has reiterated that lawyer Miguna Miguna’s return to Kenya will be “low-key” and free of the drama that characterised his deportation to Canada in March 2018.

Government Spokesman Colonel (Rtd) Cyrus Oguna on Monday said the President’s remark on the controversial lawyer's return stands so he will be allowed back, but just like any other citizen - with valid travel documents.

The lawyer obtained orders compelling the State to facilitate his re-entry on the basis of his identification through his national identity card or his withheld Kenyan passport.

UHURU'S REMARKS

President Uhuru Kenyatta, at the burial of second liberation hero Charles Rubia in Murang’a County on December 30, 2019, said everyone has a right to the freedom of expression.

In a veiled reference to Dr Miguna, he said, “I have heard that some people are now planning to fly into the country. Let them come because that is their freedom."

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Col. Oguna told the Nation, “The head of state made a pronouncement that he is free to come back. That is still the government’s position."

He added, “Had new realities or dynamics emerged after the head of state spoke, they would have been made public."

Col Oguna said, however, that Dr Miguna must adhere to all travel procedures.

“He must have valid travel documents like any other Kenyan or traveller,” he said.

DOCUMENTS

The Immigration Department issued a statement on the matter on Monday afternoon.

Director of Immigration Alexander Muteshi said they will facilitate Dr Miguna’s return, having been informed about it.

“This is to confirm that in compliance with the court orders issued on December 14, 2018, the directorate will facilitate Dr Miguna's entry into Kenya.”

In a tweet shorty after, however, Dr Miguna said, "Patriots, ignore the statement by Alexander Muteshi. It is their inept damage control after the High Court orders today.

"Let the rogues comply with all the court orders issued today and the numerous ones issued in 2018. A good start would be their delivery of my Kenyan passport."

SECURITY

Dr Miguna, who is en route to Nairobi via a Lufthansa flight, announced that he will arrive at the Jomo Kenyatta International Airport (JKIA) in Nairobi at 9.25pm on Tuesday.

In a tweet on Monday morning, he said he did not want any preferential treatment.

“I want and demand all my rights and fundamental freedoms to be respected. I want my valid Kenyan passport back. I want court orders to be obeyed and complied with. I must enter Kenya unconditionally as a Kenyan,” he said.

The lawyer will return not bearing the ‘security threat’ he left with, the government having confirmed that it will not beef up security at the airport.

“He is coming back the same way any person would come back to Kenya and to that extent, there are better things to address,” Col. Oguna said.

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