Dr Miguna is one of the Nasa leaders who paid the steepest price of ‘swearing-in’ Mr Odinga as the ‘people’s president’ at Uhuru Park, Nairobi, on January 30.
He was arrested, locked up incommunicado, moved from one police station to the other and deported despite a High Court order barring the same.
The High Court on February 26 ordered his return to Kenya and suspended Interior Cabinet Secretary Fred Matiang’i’s declaration that Dr Miguna is a prohibited immigrant.
Justice Enoch Chacha Mwita further suspended the cancellation of Dr Miguna’s passport by the immigration boss Gordon Kihalangwa.
He ordered the Immigration Department to facilitate Dr Miguna’s return from Canada.
The Court of Appeal rejected government request to temporarily stop the High Court orders. The case is ongoing.
The government rejected Dr Miguna’s return to Kenya and attempted to re-deport him to Canada after a nine-hour stand-off at the airport.
But Mr Miguna refused to board the Dubai-bound Emirates flight, triggering probably the most dramatic scenes ever witnessed at JKIA in recent days.
“I am not going anywhere…. where is my luggage? Where is my passport? You cannot take me from my country by force,” he remonstrated as the commotion delayed Flight EK 722 bound for Dubai.
Fiery lawyer and self-declared National Resistance Movement general Miguna Miguna on Monday spent the night in the cold at Jomo Kenyatta International Airport in Nairobi.
Immigration sends Miguna Kenyan citizenship forms at JKIA
The Department of Immigration says it has sent forms to embattled lawyer Miguna Miguna to enable him “reclaim” his Kenyan citizenship and get clearance to enter Kenya.
Mr Miguna, who fought and defeated government attempt to re-deport him to Canada via Dubai on Monday night, has insisted that he is a Kenyan and does not need to surrender his travel documents for stamping.
But Mr Joseph Munywoki, the acting director of Immigration Services, on Tuesday reiterated that the lawyer lost his Kenyan citizenship in 1998 when he became a Canadian at a time Kenyan laws did not allow dual citizenship.
After causing a scene at the Jomo Kenyatta International Airport, Immigration officials decided get him the forms.
“To enable Miguna regularise his citizenship status, the Department of Immigration has dispatched the requisite application forms for Miguna to fill the process,” the statement read.
Mr Joseph Munywoki, the acting director of Immigration Services said upon promulgation of the new constitution, which provided for dual citizenship, Mr Miguna was expected to regain his Kenyan citizenship by applying.
To date, he added, the Nasa activist has never done so.
He said Dr Miguna refused to hand over his travel documents for endorsement as required by law and international travel regulations.
The fiery lawyer arrived at 2.30pm via aboard an Emirates flight.
The Ministry of Interior said in compliance of a court order, they requested Mr Miguna to present the documents he used for traveling to facilitate his entry.
The official said instead of presenting the documents, Dr Miguna became unruly and threw tantrums saying he was a Kenyan citizen who should be allowed to enter the country without immigration clearance.
“Instead, he presented his national ID and demanded to be cleared on the strength of the ID card,” Mr Munywoki said.
“The ID card is only acceptable as a travel document to and from Northern corridor countries of Kenya Uganda, South Sudan. He has not originated from any of these countries.”
But while the government insists Dr Miguna is not a Kenyan citizen at the moment, he was cleared to vie for the Nairobi gubernatorial seat on August 8, 2017.
How that happened remains a puzzle for the Uhuru Kenyatta administration.
He was deported from the country in February for his role in the mock swearing-in of Nasa leader Raila Odinga as the people’s president on January 30.
His lawyers filed a case in court and managed to quash the deportation.
High Court Judge Chacha Mwita ruled that Mr Miguna should be allowed back to the country and he was free to use his Canadian passport should the government refuse to process his passport.
Miguna Miguna refuses to fill citizenship forms at JKIA in Nairobi
Impasse over lawyer Miguna Miguna’s return to Kenya persists at Jomo Kenyatta International Airport in Nairobi as his lawyer Cliff Ombeta says he will not fill citizenship forms issued by the Immigration department.
Mr Ombeta on Tuesday said his client would not apply for Kenyan citizenship afresh “because it would mean that Miguna will be agreeing that the government was right about his citizenship.”
He called on the government to respect High Court order that allowed Dr Miguna back into Kenya after his illegal deportation to Canada.
“He should be allowed to enter Kenya on the strength of the court order,” Mr Ombeta told journalists at JKIA.
He said inking the documents would mean that Dr Miguna agrees that the government was right from the start that he was illegally in Kenya.
“The government wants him to use his Canadian citizenship to justify their actions, they want him to get a Visa so that he is given time limits,” he said.
The High Court, he argued, ordered the government to facilitate the lawyer’s return and “give him documents”, not apply for new ones.
“The court said he should be in the country until the finalisation of his case. We don’t know how long it will take. The court ordered that he should be allowed in the country unconditionally.
Mr Ombeta, who, together with ODM secretary-general Edwin Sifuna, were not allowed into the terminal said Dr Miguna was locked in a room where he was not allowed to see anyone.
Lawyers James Orengo and Otiende Amollo were by noon still at the waiting bay, anticipating to see and talk to Dr Miguna.
Tens of officers from the General Service Unit, chased away the lawyers and journalists and formed a human cordon around the terminal.