The government yesterday told the Court of Appeal that politician-cum-lawyer Miguna Miguna was deported to Canada because he was threat to national security.
The State said there was credible evidence that justified Miguna’s deportation during the hearing of its appeal against High Court’s revocation of the government’s decision. Internal Security Cabinet secretary Fred Matiang’i said he acted on genuine intelligence to declare Miguna an undesirable character deserving removal from Kenya.
Lawyers Fred Ngatia and Kioko Kilukumi representing the government urged the Court of Appeal to suspend the decision by High Court judge Luka Kimaru that Matiang’i, Immigration boss and Directorate of Criminal Investigations (DCI) chief disobeyed orders against Miguna’s incarceration and deportation.
The lawyers submitted that the trio acted in public and national interest to expel Miguna on the basis that he had previously denounced Kenyan citizenship and did not apply to regularise his status.
The lawyers were hard-pressed by Appellate judges Roslyne Nambuye, Kathurima M’Inoti and Patrick Kiage to explain what prejudice the State stood to suffer in case Justice Kimaru’s decision was not suspended pending the outcome of the appeal.
Ngatia and Kilukumi said the orders made against the three government officials were enforceable since they risked punishment for failure to comply. However, they admitted the officials had been accorded an opportunity to explain the basis of their actions.
Abusing process Miguna, through lawyers James Orengo, John Khaminwa and Nelson Havi accused the three State officers of abusing the judicial process and disobeying lawful court orders.
“We will be undermining the rule of law if we allow court orders to be abused with impunity,” Orengo said. He said the only way for the State officials to purge the contempt was by facilitating Miguna’s return to the country.
Khaminwa said the Attorney General had been invited by the High Court to make presentations but did not respond. “There is absolutely nothing arguable in the intended appeal. It is worthless,” said Khaminwa.