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Miguna challenges deportation in court

Lawyer Miguna Miguna yesterday filed a petition in the High Court challenging his deportation to Canada and revocation of his citizenship. Under certificate of urgency, Miguna, through his lawyer John Khaminwa, wants the court to issue orders to allow him back into the country. Miguna claims his deportation last week was unconstitutional and unlawful.

The self-proclaimed general of the outlawed National Resistance Movement wants the court to suspend the government’s declaration that he was not a Kenyan and that his presence in the country was contrary to national interest. In the petition, Khaminwa says Miguna is entitled to return to Kenya to respond to allegations leveled against him before a chief magistrate court in Kajiado.

“The petitioner prays for the urgent intervention of this court in order to address the continuing violations of his constitutional rights and to mitigate against the continued irreversible prejudice he is suffering as a result of the illegal actions by the respondents,” reads the petition.

The respondents include Interior CS Fred Matiangi, Director of Immigration Gordon Kihalangwa, Inspector General of police Joseph Boinnet, DCI boss George Kinoti, officer in charge of Flying squad Said Kiprotich and Attorney General Githu Muigai.

Miguna was deported aboard a KLM flight on February 6 over what the government termed as violation of the provisions of section 33(1) and 43(1) of the Kenya Citizenship and Immigration Act, 2011. Earlier, he had been arrested and detained at various police stations in what is believed to be his role in the mock “swearing-in” of Nasa leader Raila Odinga on January 30.

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