The governments plan to challenge the High Court’s award of Sh7.2 million to Canada-based lawyer Miguna Miguna after he was deported early this year has been withdrawn.
In a notice of appeal from the office of the Attorney-General Paul Kihara Kariuki together with that of Interior Cabinet Secretary Fred Matiang’i and Immigration Principal Secretary Gordon Kihalangwa had indicated that they would appeal Justice Enoch Chacha Mwita’s December 14 decision.
CS Matiang’i and PS Kihalangwa withdraw bid at the Court of Appeal seeking to suspend a Sh200,000 fine for deporting Miguna Miguna imposed by Justice Odunga in March. pic.twitter.com/i5blhc1vSA
— Dennis Okari (@DennisOkari) December 18, 2018
The judge 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.
Miguna has responded to the case citing that they had to withdraw their frivolous “appeal because they knew it had no legal basis. he further alleged that the accused did not tender any evidence before Justices Wakiaga, Kimaru, Mwita, Aburili, Odunga and ZERO issues for determination before the Court of Appeal.
They had to withdraw their frivolous “appeal because they know it had no legal basis. They did not tender any evidence before Justices Wakiaga, Kimaru, Mwita, Aburili, Odunga and ZERO issues for determination before the Court of Appeal. https://t.co/SFa6B6T0yA
— Dr. Miguna Miguna (@MigunaMiguna) December 18, 2018
In May, Mr Miguna filed a fresh application seeking unconditional re-entry into the country, after two failed attempts.
That was after the High Court issued orders for his release from police custody, but was instead deported. He faulted the government for failing to facilitate his r 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.
He had been arrested from his Nairobi residence shortly after Orange Democratic Movement party leader Raila Odinga’s mock swearing-in, detained and then deported.
The government claimed he was a Canadian national. It argued that he 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 Sh200,000 for not appearing in court to explain why the State had deported Mr Miguna, contrary to court orders. They had attended a General Service Unit graduation ceremony, they said.
They appealed against the temporary orders for Mr Miguna’s release and challenged the fines imposed on them in the appellate court.
Can Mr Miguna now celebrate his victory?