Kenyan court declares deportation of opposition member to Canada illegal
17 February, 2018, 01:14 | Author: Irene Delgado
Speaking to the media shortly after the court declared that his deportation was illegal, the self-declared NRM General said he would return back to the country if the government complied with to the court order. The High Court yesterday declared the decision by government to deport him to Canada unconstitutional.
He sued Interior Cabinet Secretary Fred Matiang'i, immigration heads Gordon Kihalangwa, Mr Boinnet and Mr Kinoti for violating "constitutional, municipal and worldwide law on citizenship and right to a fair administrative action and dignity".
Matiang'i said the self-declared NRM General can not be allowed to benefit from his blatant defiance of express provisions of the Constitution.
A Kenyan court has revoked the deportation of opposition lawyer Miguna Miguna, who the authorities accused of "swearing in" Raida Odinga as the "people's president".
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However, in a statement to newsrooms, Interior Ministry Principal Secretary Karanja Kibicho fired back at judge Kimaru's ruling, stating that the deportation of the firebrand lawyer was carried out legally.
"In as much as the government respects the court's decision, it still holds the earlier stated stand that the deportation of Miguna Miguna was procedural and done in accordance with the law", Kibicho said.
Kibicho reacting to a ruling delivered by Justice Luka Kimaru, that the decision by the government to deport Miguna was unlawful, declaring the revocation of Miguna's citizenship illegal, null and void. Ahmednasir said Miguna was a coward for going to court to seek re-entry into his country of birth. The latter has been ordered by the court to deposit Miguna's passport within seven days. "The IG and DCI, being senior most top officers at the National Police Service ought to have demonstrated by example adherence to the rule of law", ruled Kimaru. Justice Kimaru also said the court has powers to commit Boinnet and Kinoti to civil jail not exceeding six months or to fine each Sh200,000.
"Joshua Miguna lost his citizenship by operation of law upon acquiring of his Canadian citizenship", the CS says in an affidavit.
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