Outspoken Kenyan lawyer, Miguna Miguna, has suffered a major blow after the High Court sitting in Nairobi dismissed an application he made seeking to have the government lift the red alerts allegedly issued against him.
The High Court ruled that there was no evidence showing that Miguna had been stopped from returning to the country.
Miguna, who is set to return to the country on Tuesday, November 16, 9:00 am, has accused the government of blocking his return by issuing red alerts against him.
The lawyer, who is now based in Canada, was kicked out of the country on grounds that he had renounced his Kenyan citizenship.
The government, through the Ministry of Interior and Coordination of National Government, asked him to regularise his papers to be allowed into the country.
Experts argue that the ruling by the High Court is open to interpretation as it fails to clearly define how Miguna would return home. Not lifting him from the red alert while stating that there was no evidence that he has been banned from entering Kenya is conflicting.
Lawyer Nelson Havi had vowed to appeal the verdict if Miguna would be blocked from travelling to Kenya.
"The only hindrance for Miguna's return was the red alerts. We argued the case before Justice Edwin Okundi. If the ruling is in favour, there should be no reason as to why any airline should deny him permission to board," Havi told Kenyans.co.ke on Thursday, November 11.
"We have done what is legally required to ensure Miguna comes back," he added.
Havi, former Chief Justice Willy Mutunga and United Democratic Alliance (UDA) Chairman, Johnson Muthama, urged the government to rescind Miguna's exile. Mutunga and Havi had planned to travel to Canada to accompany the lawyer back to Kenya.
Miguna called on more Kenyans to join in and demand that the government allows him back into the country.
"I have received large volumes of messages requesting permission to welcome me to Kenya. No one needs permission from me, or from anyone else, to go to the JKIA, or anywhere else," he stated.
