The Court of Appeal has upheld High Court decision that granted deported National Resistance Movement (NRM) self-declared general Miguna Miguna permission to return to the country.
Delivering its ruling in an appeal filed by the State challenging the decision by the High Court, the Appellate Court on Monday said the government failed to provide sufficient proof of how Miguna’s return would provoke civil disobedience or social upheaval.
The three-Judge bench further dismissed the claims by Interior Cabinet Secretary, Fred Matiang’i, Inspector-General of Police Joseph Boinett, Director of Criminal Investigations George Kinoti and Immigration Director Gordon Kihalangwa, that they were likely to lose their jobs over the deportation scandal, as far-fetched fears.
In his ruling last month, High Court Justice Luka Kimaru declared the order to deport Miguna as null and void. The Judge further ruled that the former Nairobi gubernatorial aspirant was free to return to the country.
Miguna was dramatically banished to Canada by Immigration authorities on February 6th, days after he was arrested over his role in the mock swearing in of Opposition leader Raila Odinga.