All the noise-making and ranting by politician Miguna Miguna may have finally paid off after a Nairobi court today ruled that he is a Kenyan citizen and his birthright cannot be changed.
In his ruling, Justice Chacha Mwita further awarded Miguna Miguna Ksh. 7 million as compensation for what the court found to be violation of his human rights.
“…The government’s deduction to cancel Miguna Miguna’s passport and declaring him prohibited immigrant is unconstitutional and is hereby declared null and void,” read the ruling.
The court further said that even though the government did not like his abrasiveness, they are bound to adhere to the rule of law and protect his constitutional rights and human rights.
“I find and hold that he did not lose his citizenship upon acquiring a Canadian passport,” ruled Justice Mwita.
Miguna Miguna took to social media to welcome the ruling by Justice Mwita.
Justice Chacha Mwita has restated what I've maintained throughout: That the despots violated my fundamental rights, freedom and dignity and that I'm a Kenyan and never lost my citizenship. Thanks Dr. Khaminwa, @waikwawanyoike, @kamandamucheke, @NelsonHavi and other lawyers.
— Dr. Miguna Miguna (@MigunaMiguna) December 14, 2018
“Justice Chacha Mwita has restated what I’ve maintained throughout: That the despots violated my fundamental rights, freedom and dignity and that I’m a Kenyan and never lost my citizenship. Thanks Dr. Khaminwa, @waikwawanyoike, @kamandamucheke, @NelsonHavi and other lawyers,” said Miguna in tweet.
The court termed Miguna a political refugee without a passport in Canada adding that even if he were to be removed from the country, the law had to be followed which entails fair administrative act and hearing.
“Miguna Miguna was entitled to due process… declaring Miguna Miguna a prohibited immigrant cannot stand since he is a Kenyan citizen,” read the ruling.
Justice Chacha Mwita further ruled that actions by Interior CS Fred Matiang’i and the other state officials amounted to an abuse of office. Matiangi and Immigration Principal Secretary Gordon Kihalangwa were ordered to personally pay damages and costs with the Judge saying that taxpayers should not shoulder costs of violations by overzealous state officers.
The court also ordered the state to return Miguna’s passport since it was unlawfully confiscated and also awarded a further Ksh. 207,000 for damages to his house.
Miguna who was deported in a dramatic incident in March this year has since cancelled two trips back into the country since his deportation blaming the Immigration Department for failing to facilitate his “unconditional return.”
Do you support the ruling by Justice Chacha Mwita?