Deported Kenyan lawyer Miguna Miguna on Wednesday filed a contempt of court suit against five top State officials including Interior Cabinet Secretary Fred Matiang’i.
In the case, Miguna accuses Matiang’i, former Immigration Director-General Gordon Kihalangwa, Director of Criminal Investigations (DCI) George Kinoti, and Director of Public Prosecutions (DPP) Noordin Haji of refusing to return his Kenyan passport as directed by the court.
Miguna, through John Khaminwa, also wants former Inspector-General of Police Joseph Boinnet held in contempt for disregarding court orders issued in 2018.
In documents filed at Milimani Law Courts, the self-declared National Resistance Movement (NRM) general argued that the officials continue to illegally hold his Kenyan passport.
Miguna says he wants to return to his motherland but the continued illegal holding of his passport by the respondents have hindered him from traveling, making him languish in a foreign land.
He says some of the respondents have since left their previous offices and wants the court to punish them for failing to obey court orders while in office.
“The 2nd and 3rd respondents Gordon Kihalangwa and Joseph Boinnet are not currently in office as they have been replaced as per the direction of the President,” Lawyer Khaminwa says.
On December 8th, 2018, High Court Justice Chacha Mwita directed the Immigration Department to reinstate Miguna’s revoked passport, saying as a citizen by birth he never lost his Kenyan citizenship by acquiring a Canadian passport.
Justice Mwita further awarded Miguna Sh7 million in damages for arbitrary deportation by the State on March 2018.
While deporting Miguna, immigration authorities claimed that he lost his Kenyan citizenship when he acquired a Canadian passport at a time when the Kenyan Constitution did not provide for dual citizenship.