Oguna: Miguna conduct threat to airport status

 Anthony Mwangi, Benard Gitau and Bernice Mbugua

The government has refuted claims that State agencies are frustrating efforts by controversial Canada-based barrister lawyer Miguna Miguna to return home.

 Government Spokesman Colonel (rtd) Cyrus Oguna said the lawyer is free to travel back to the country but must acquire the necessary travel documents.

 He said The International Civil Aviation Organisation (ICAO) categorised Miguna as unruly passenger during his deportation in March last year.

“His unruly behaviour was seen to have the potential of threatening Category A1 Status of JKIA which took the country a lot of effort and work to achieve,” said Oguna.

 He said the government is committed to jealously protect the new status by putting necessary safety and security measures in all airports.

 He also said the government is aware of the existing court order on Miguna return and is ready to comply with it.

 “However, according to ICAO, a passenger must have valid travel documents and Miguna is free to present himself to any Kenya Mission to obtain a passport,” said Oguna.

 He, however, said it was puzzling why Miguna is yet to present himself to any mission for the documents.

Earlier, thegovernment said it was not aware of why Miguna is not back in the country.

State counsel Christopher Marwa told a nairobi court he had not been told how the government has denied entry into the country of self-declared National Resistance Movement leader. 

“The Government’s position is that it is willing to facilitate his return back to the country,” said the lawyer.

The latest developments come even as Miguna is still held in France where he was barred from travelling after he was ejected from the Air France flight from Germany.

We could not establish how Miguna managed to board the flight to France with the Red Alert still in force.

Disobeying court orders

Air France only issued a statement indicating that Miguna had been barred from boarding the Nairobi-bound flight. 

Gatundu South MP Moses Kuria hit out at the governmentyesterday for allegedly violating the law by disobeying court orders which had directed that Miguna be allowed into the country without conditions.

“It is a pity that Miguna is now a vagabond languishing in a foreign country without any reason,” Kuria told a press conference at Parliament Buildings. 

High Court Judge Weldon Korir was urged to dismiss the application by Miguna’s lawyer as the government was not behind Miguna’s woes.

“Kenya has no control of the situation and if his travel documents are processed, he can come back to the country. The application has no basis and it should be therefore dismissed,” argued Marwa.

Miguna’s lawyer John Khaminwa argued that the self-declared general had  not been able to travel to Kenya because of the Red Alert allegedly issued by the State.“It is the government’s responsibility to facilitate my client’s return as he is in a foreign country,” he told the court.

State interference

Khaminwa said he had spoken to Interior CS Fred Matiang’i, who assured him that he is not opposed to Miguna’s return.

Justice Korir directed the State to file its response within the next 24 hours and extended orders he issued on Monday.

“I have considered the application by both the State and the petitioner and realised that the matter is urgent,” he ruled.

On Monday, the judge 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 the copy of his passport currently under the custody of the Court for 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 entry into Kenya.

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