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BY NAMULONGO PETER,NAIROBI,15TH FEB 2018-The High Court has has handed Miguna Miguna a historic victory after ruling that his deportation to Canada was illegal.
While giving the ruling on Thursday, Justice Luka Kimaru directed the government to deposit Dr Miguna’s revoked passport at the court within seven days.
Justice Kimaru said that Dr Miguna was deported at the time Inspector-General of Police Joseph Boinnet and Director of Criminal Investigation boss George Kinoti were in contempt of court orders.
He said the removal of Dr Miguna from Kenya had no merit in law.
Following the ruling Dr Miguna said in a tweet, “We, the #NRMKe, Kenyan patriots and freedom fighters, believe in and are fully committed to the RULE OF LAW. We shall use the CONSTITUTION as the SPEAR and the SHIELD in the fight against the despots.”
Miguna Miguna through his lawyers John Khaminwa and Nelson Havi filed a suit seeking reinstatement of his Kenyan passport and citizenship on Monday.
The lawyers swore an affidavit on his behalf.
He sought an order to allow him back into the country and access to immigration and customs clearance.
Dr Miguna sued Interior Cabinet Secretary Fred Matiang’i, immigration boss Gordon Kihalangwa, Mr Boinnet and Mr Kinoti.
According to Miguna his unceremonial ‘deportation’ to Canada was a total violation of constitutional, municipal and international law on citizenship and right to a fair administrative action and dignity.