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techkenyot.com February 24, 2018


High Court Revokes Miguna Miguna's Deportation to Canada

15 February 2018, 06:19 | Glen Norman

Kenyan court revokes deportation of opposition lawyer Miguna Miguna

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Miguna Miguna is now in Canada after being put on a flight to Toronto by the Kenyan government last week following several days in police detention.

A Kenyan judge has rescinded the orders used to deport to Canada an opposition politician over his alleged role in a mock inauguration by opposition leader Raila Odinga.

Miguna Miguna, who holds dual Kenyan and Canadian citizenship, is now in Canada after being put on a flight to Toronto by the Kenyan government last week following several days in police detention.

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The high court has declared the deportation of National Resistance Movement general Miguna Miguna illegal.

He said Miguna should have stormed into the country from Kisumu since he is a general.

"The government's legal team is reviewing the High Court order and will shortly be appealing the court decision", he noted.

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Mr Miguna however, with the help of a battery of lawyers, vowed to return to the country and sought the courts to declare his deportation illegal while also asking the government to be compelled to facilitate his unconditional return to his country of birth.

The case exposed a deepening rift between Kenyatta's government and the judiciary, which had nullified his initial re-election and ordered a repeat election, which Odinga then boycotted. Local and global parties were alarmed by the TV stations shutdown ahead of Raila's defiant swearing-in.

After Miguna was arrested on February 2, Justice Kimaru ordered Inpector General of Police Joseph Boinnet and the DCI to produce Miguna in court on February 5.

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He said the circumstances under which the police surrendered Miguna to immigration officials for deportation were a clear demonstration of collusion to defeat the ends of justice. "We shall use the Constitution as the spear and the shield in the fight against the despots", Miguna said in a tweet.



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