Fiery lawyer and self-proclaimed NRM ‘general’ Miguna Miguna remains a prohibited immigrant, the High Court in Nairobi ruled yesterday.
Justice Chacha Mwita declined to suspend a directive by government that puts Miguna as a prohibited immigrant despite having been born in Kisumu, Kenya.
The Judge directed the Attorney General to respond by Thursday so as to enable the court to give proper directions on the matter.
On Monday, Miguna’s lawyers Nelson Havi and John Khaminwa moved to court to challenge a directive by government to deport him and strip him of his Kenyan citizenship.
In sworn affidavits on behalf of Miguna, the lawyers urged the court to compel the directorate of Immigration headed by Gordon Kihalangwa to reinstate Miguna’s citizenship.
However, lawyer Antony Mutinda for the Attorney General opposed this asking for more time to review the fact around the high-profile case pitting Jubilee regime and the opposition, NASA.
“Citizenship is a question of facts, give us limited time we file our papers so that we can rebut, we will abide by the directions of this court and we will respond as soon as possible so that the court can make its decision,” he said as quoted by the Star.
The Judge in his ruling said: “What I gather in this application is there is the question as to whether the respondents were right in deporting the applicant yet he is said to be a Kenyan citizen.
“There is the second question as to whether he was given a fair hearing, for this court to make orders it is important to hear the respondents and hear if they complied with articles of the constitution.”
Miguna’s lawyers will submit more responses on Thursday before the case rolls for full hearing on Friday in the afternoon.