Miguna's Citizenship in Disarray As Gov't Appeals High Court Decision Revoking His Deportation
The government through Interior Cabinet Secretary Fred Matiang’i has filed an appeal against Thursday’s High Court ruling, which declared the deportation of former Nairobi gubernatorial aspirant Miguna Miguna to Canada illegal.
Through lawyer Fred Ngatia, the CS argued that Judge Luka Kimaru issued the order against him, when he was not a party in the case and was not given an opportunity to respond to any accusations levelled against him.
“The High Court had no jurisdiction to issue the orders that were made which, in essence, are orders which can only be made in judicial review proceedings or a constitutional reference,” lawyer Ngatia said in court papers.
The appeal came hours after Interior Principal Secretary Karanja Kibicho, in a statement to newsrooms, said the order issued by Justice Kimaru was “not in the best interest of the country”.
In his ruling, Justice Kimaru declared government's decision to order for deportation of Miguna as null and void, since it was issued in contempt of orders of the court.
“CS Matiang’i declaration of Miguna Miguna as a foreigner and consequent deportation is declared null and void,” Judge Kimaru ruled.
The judge further ordered the Immigration authorities to surrender Miguna’s passport to the court within seven days.
“It is trite that any action done in contempt of the orders of the court is illegal and has no capacity of being given recognition in the eyes of the law."
"It is evident that the action taken by Mr Kihalang’wa in furtherance of the contempt is illegal, null and void hence cannot have any legal effect,” judge Kimaru ruled.
Miguna was banished to Canada on February 6th, days after he was arrested for his role in the controversial oathing of National Super Alliance (Nasa) leader Raila Odinga on January 30th.
Comments
Sometimes being bashful and…
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Sometimes being bashful and boastful does not a general make! I would rather be a gentle, silent and feared field Marshall. Lakini Ujinga is free. Anyone can acquire it...
I agree. This guy is full of…
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In reply to Sometimes being bashful and… by MaragA (not verified)
I agree. This guy is full of Sh*t.
He should have been deported…
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He should have been deported to South Sudan where he was born. This egoistic mundane is a South Sudanese who was illegally brought to Kenya from Sudan as infant.
What a stupid comment and…
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What a stupid comment and exactly what are you a doctor of.Miguna is Kenyan by birth .His citizenship is not in question what majority of sane Kenyans are asking is who advises this uthamakistan.Kwa kweli mliumbwa pumbavu .Judiciary si mama yenyu.
@Anonymous, ignorance is not…
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@Anonymous, ignorance is not defense. Kenya didn't have dual citizenship prior to August 27, 2010 when the new constitution allowing dual citizenship was promulgated. All Kenyans who had became citizens of other countries prior to that, as is the case of this boastful fool who became a Canadian citizen in 1988, had for all legal purposes forfeited their Kenyan citizenship. The only legal recourse is for such people, including Moron x2, to re-apply to have their citizenship reinstated. Kimeru and other corrupt and awfully incompetent judges can issue all court orders they wish, but without the cooperation of law enforcement such frivolous court orders are worthless pieces of paper with no teeth to bite ... unless Kimaru can use ODM terrorist groups NRM and Al Shabaab to enforce the order.
A lot of Kenyans that live…
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In reply to @Anonymous, ignorance is not… by Hon Kenjuu (not verified)
A lot of Kenyans that live in Canada including me have had to reapply for their kenyan citizenship. How special does this fool think he is. By the way, he is a loser while in Canada
Whether it is come baby come…
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Whether it is come baby come or go baby go, Sheria ni msumeno hukata huku na huku.
Even in Law of the Jungle, the wolves know better to "Keep peace withe Lords of the Jungle — the Tiger, the Panther, and Bear. And trouble not Hathi the Silent, and mock not the Boar in his lair."
You all don't know that most…
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You all don't know that most jaluos think they are special? Miguna is not different, he is a Luo and therefore he thinks he is special so why reapply for citizenship?Look around and you will see how special they think they are...Raila thinks that he is entitled to being a president and will not hesitate to cause chaos and even have people killed to achieve this goal. Look at Babu Owino...amesahau that he is just a boy both in politics and in real life. I think these Jaluos especially wale tunajua in the forefront of Kenyan politics need to grow up!
Luos will never grow up,…
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In reply to You all don't know that most… by KATE JENKINS (not verified)
Luos will never grow up, they only grow fat.
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