The battle between politician Miguna Miguna and the Kenyan government is about to intensify.
Barely a week after Justice Chacha Mwita made a ruling directing Interior Ministry Cabinet Secretary Dr. Fred Matiangi and Immigration Principal Secretary Gordon Kihalangwa to award Miguna Miguna Ksh. 7 million as compensation for violation of his human rights, the government has now challenged the High Court’s ruling.
In a notice of appeal, Attorney-General Paul Kihara Kariuki indicated that his office, together with that of Interior Cabinet Secretary Fred Matiang’i and Immigration Principal Secretary Gordon Kihalangwa, who were earlier sued by the lawyer, will appeal Justice Enoch Chacha Mwita’s December 14 decision.
Justice Chacha Mwita had ruled that Mr. Miguna’s rights were grossly violated when he was arrested, arraigned in court without being charged and then deported early this year. He further noted that the government’s cancellation of Mr Miguna’s passport and declaring him a prohibited immigrant were null and void.
The judge said that even if the lawyer had to be deported, the process should have been carried out in line with the Fair Administrative Act.
The judge also faulted Interior CS Matiang’i, his PS, and Inspector General of Police Joseph Boinnet for violating the law and denying Mr Miguna a fair hearing.
In May, Mr Miguna filed a fresh application seeking unconditional re-entry into the country, after two failed attempts. After the High Court issued orders for his release from police custody, Miguna was instead deported. He faulted the government for failing to facilitate his re-entry into Kenya.
Mr Miguna was deported, for the second time, on March 29, after spending more than 72 hours in a tiny room at the Jomo Kenyatta International Airport (JKIA) after he was denied entry into the country.
The government claimed Miguna was a Canadian national and had not reapplied for Kenyan citizenship after the promulgation of the 2010 Constitution.
The High Court fined Dr Matinag’i, Dr Kihalangwa and Mr Boinnet Ksh. 200,000 for not appearing in court to explain why the State had deported Mr Miguna, contrary to court orders.
Everything is now in the hands of the Court of Appeal as Miguna holds his breath hoping that the ruling by Justice Chacha Mwita will see the light of day.
Do you think Miguna ought to be compensated?