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Judge Awards Miguna Sh7 Million for Unlawful Deportation

Miguna to walk away with a cool Sh7 million after winning case.

A High Court Judge has today awarded Miguna Miguna Sh7 million as compensation for violation of his rights and unlawful deportation to Canada.

In the ruling on Friday, Judge Enoch Chacha Mwita said Miguna’s deportation was unlawful and in violation of the Constitution.

Justice Mwita also said cancellation of his passport and the declaration that he was a prohibited immigrant was unconstitutional.

Mwita declared the decision null and noted that if the lawyer had to be sent away, the process should have been carried out in line with the Fair Administrative Act.

“I find and hold that he did not lose his citizenship upon acquiring a Canadian passport,” said Mwita.

The judge said Miguna was entitled to due process and added “I hereby award him Sh7 million for violation of his rights.”

The judge also lashed out at Interior Cabinet Secretary Fred Matiang’i and Inspector General of Police Joseph Boinnet for violating the law as well as denying Miguna a fair hearing.

In May, the fiery lawyer said he wanted to be granted unconditional re-entry into the country.

In a fresh application filed by his lawyers, the opposition politician faulted the government for failing to facilitate his return and entry into Kenya.

He was deported, for the second time, on March 29 after spending more than 72 hours in a tiny room at the Jomo Kenyatta International Airport after authorities denied him entry into the country.

It was not long after Orange Democratic Movement leader Raila Odinga’s mock oath that Miguna was arrested, detained and eventually deported.

The government claimed he was a Canadian national, arguing he never re-applied for his Kenyan citizenship after the promulgation of the 2010 Constitution.

The Kenyan-Canadian deportee listed Kenya Airports Authority, Matiang’i, Boinnet, the GSU commandant, JKIA OCS or any other, the Flying Squad boss, Kenya Police and the Attorney General as the officials and entities he wants compelled to aid his unfettered return.

By Agencies

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