Court Makes Final Decision on Miguna Miguna's Citizenship

A High Court, on Friday, found that Miguna Miguna was in Kenya lawfully and that the state did not follow the correct procedure for his removal and deportation to Canada.

In his ruling, Justice Chacha Mwita awarded Miguna Kshs7 Million for violation of his rights adding that 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," Mwita stated.

The two have been directed to pay an additional Kshs 270,000 for damages to Miguna's property.

The court also found that Miguna's rights were violated when he was arrested and taken to Kiambu.

The judge noted that he was not produced in court within 24 hours, and was held incommunicado and later deported unlawfully.

Mwita noted that Miguna's acquisition of the Canadian citizenship was not a voluntary act resulting into loss of citizenship because he went to Canada to seek political asylum.

"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.

"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," he maintained.

Reacting to the news, Miguna took to Twitter thanking his lawyers and affirming that he was deported illegally.

UPDATES:

2:10 PM: The story was updated with Miguna's reaction to the court ruling.

2:05 PM: The story was updated with CS Matiang'i and PS Kihalangwa being ordered to pay the money.

1:57 PM: The story was updated with a statement of the Kshs7 Million award.

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