Director of Immigration Department Gordon Kihalangwa on Friday disclosed that his department did not know about the Court orders which directed the release of the National Resistance Movement (NRM) General Miguna Miguna before they went ahead to arrest and deport him.
In an affidavit, the Immigration boss also noted that Miguna was arrested within the precincts of Inland Container Depot-Embakasi and taken to Jomo Kenyatta International Airport for purposes of deportation.
"We were not aware of the orders of this Honourable Court as none had been served on the Department.
"Moreover, if any orders had been brought to the attention of the Department, we would have complied," he stated.
[caption caption="Gordon Kihalangwa (left)"]
[/caption]
The Court orders had directed the release of the NRM leader on a cash bail of Sh50,000 after he was arrested, detained and charged with a capital offense of Treason for playing a role in the swearing-in of NASA leader Raila Odinga.
Defending the act of deporting Miguna, he stated that the Immigration Department had done sufficient investigations which showed that the lawyer was a Canadian Citizen and that his activities were detrimental to National interest.
He further argued that he had a Kenyan passport which was issued to him without any legal backing owing to the fact that he already had a Canadian passport and the then repealed Constitution did not provide for dual nationality.
On realizing that his passport was illegal, he noted that he brought the facts to the attention of the Cabinet Secretary in charge of Immigration Matters who made a declaration for his arrest.
"I instructed my officers to ensure that the orders be effected," he stated.
Meanwhile, the Inspector General of Police Joseph Boinnet stated that he complied with the court order and released Miguna on a cash bail of 50,000 only for him to be re-arrested by the Immigration officers.
Here is part of the affidavit:
