The vocal lawyer Miguna Miguna was deported two times and was claimed that he is not a Kenyan citizen. On Friday the story changed as the High Court found out that he was in Kenya lawfully and that the state did not follow the correct procedure for his removal and deportation to Canada.
Justice Chacha Mwita who was ruling his case also awarded him Kshs7 Million for violation of his rights since citizenship by birth could not be revoked.
“Even if the petitioner (Miguna) acquired Canadian citizenship, he did not lose his Kenya citizenship. He remains a citizen of Kenya. Interior CS Fred Matiang’i and Immigration PS Gordon Kihalangwa have been ordered to personally pay the money to deter such actions by ‘overzealous’ state officers. Damages cannot be borne by taxpayers. They are borne by the respondents jointly and severally to dissuade future violations,” stated Justice Chacha Mwita.
CS Matiangi and Immigration PS Gordon Kihalangwa have also been directed to pay an additional Kshs 270,000 for damages to Miguna’s property.
“For one to lose citizenship by acquiring the citizenship of another country, the act must have been done willingly and without external pressure, not the case of Petitioner Miguna who was fleeing Kenya due to persecution by the government of the day then,” said Justice Mwita.
He continued stating, “His rights were violated when he attempted to return and Matiang’i illegally detained him in the toilet at JKIA. Miguna was tortured! An extreme violation of the constitution.”
Reacting to the news, Miguna took to Twitter thanking his lawyers and affirming that he was deported illegally.