Canadian based lawyer Miguna Miguna has been directed to obtain emergency travel documents from the Kenya High Commission Ontawa Canada, or Kenya High Commission Berlin Germany or from wherever he is within 72 hours.
Justice Hedwig Ong’undi directed Foreign Affairs CS Raychelle Omamo to ensure the order is complied with.
“Once in possession of the emergency travel documents and upon presentation of the same to the 2nd respondent, Air France should allow Miguna to board the available flight to Kenya with immediate effect,” ruled the judge.
According Justice Ong’undi , the Kenyan citizenship and Immigration Act 2012 applies to all Kenyan citizens and must be adhered to by the government and the citizens.
The judge noted that Miguna while in Germany or wherever he is is not in possession of any travel documents besides his Canadian passport and air ticket.
It is the judge’s finding that Miguna’s Kenyan identity card is not a travel document to allow him to travel from Canada to other countries before finally landing in Kenya.
“It is only upon landing in Kenya, that he will use his identity card for purposes of identification since he does not have a Kenyan passport. The orders issued by Justice Korir on January 6 were for purposes of use of his ID, for identification only and not travels in and out of Kenya,” he ruled.
The judge further directed that Miguna, upon landing in Kenya should be allowed by the immigration officer to use his Kenyan identity card for purposes of identification.
“Upon entry, he should immediately apply for a Kenyan passport and the same is to be issued to him within seven days provided there is compliance with all the requirements,” the judge ruled.