The State is not aware of why Miguna Miguna is not back in the country, the court heard yesterday.
According to state counsel Christopher Marwa, the court has not been told how the government has denied entry to the self-declared National Resistance Movement (NRM).
“The Government’s position is that it is willing to facilitate his return back to the country,” said the lawyer.
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.
In response, however, 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.
Khaminwa said he had spoken to Interior CS Fred Matiangi who assured him that he is not opposed to Miguna’s return.
Justice Korir directed the state to file its responses 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 realized that the matter is urgent,” he ruled.
On Monday, the Judge prohibited the state from interfering in any way whatsoever with Miguna 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 authorized 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 John Khaminwa, who is Miguna’s lawyer, to be granted unhindered access at all immigration and or Port of entry areas.
