Update: Monday, November 22, 6.15 pm: Exiled Kenyan lawyer Miguna Miguna has claimed that Kenya's Ambassador to Germany Tom Amolo fled the office following a ruling by High Court judge Hedwig Ong'udi.
According to the lawyer, he arrived at the Kenyan embassy in Berlin at about 1.50pm on Monday, November 22, in accordance with the ruling that directed him to be issued with a travel certificate within 72 hours. However, he stated that Ambassador Amolo hurriedly left his office at 2 pm.
Miguna accused the embassy of defying the court order to issue him with a travel document. He claimed that an official from the embassy asked him to present a Certificate of Regaining Citizenship.
"Emma Mabinda specifically told me that she has received instructions from Nairobi not to comply with the Court Order. She asked me for proof of Kenyan citizenship and I showed her my National ID card. She demanded a "Certificate of Regaining Citizenship" Migunacomplained.
The High Court in Nairobi on Monday, November 22, ordered the government to allow exiled Kenyan lawyer Miguna Miguna into the country.
In a ruling delivered by Justice Hedwig Ong'undi, the court ordered that Miguna be issued with an emergency travel document by the Kenyan Embassy in Berlin, Germany, or the High Commission where he has been held up since last week.
Only after he obtained the documents (within 72 hours) would he be allowed to the country.
It further ordered Air France to board him upon presentation of the travel document.
"Once in possession of the emergency travel documents and upon presentation of the same to the second respondent (Air France), the latter should allow the petitioner applicant to board the available flight to Kenya with immediate effect,"
The government was ordered to allow the lawyer into the country using his Kenyan national identity card.
"Upon landing in Kenya, the petitioner applicant to be allowed by the immigration officer to use his national identity card for purposes of identification," Justice Ong'udi ordered.
After landing in Kenya, the court ruled that the activist will have to apply for a new passport, which he should get within seven days provided there is compliance with all the requirements. However, the court declined to honour any other prayers made by the petitioner.
Miguna was elated by the court order and thanked his team of lawyers for the victory in court and promised to immediately visit the Kenyan embassy in Berlin.
"I'll be at the Kenyan Embassy in Berlin in the next 2 hours. The struggle continues," Miguna wrote.
He however insisted that in his trip to the Embassy in Berlin, he would not be applying for citizenship, but would use his National ID card to obtain the emergency travel document.
The ruling was made in a case where Miguna's lawyers sued the government over a red alert issued to airlines - blocking them from flying him into the Kenyan airspace.
The development is one of more than 15 instances where the Kenyan courts have ordered the executive arm of government to allow the exiled Kenyan into his motherland.
