The Court of Appeal sitting in Nairobi has trashed an appeal by the government seeking to overturn a High court order that declared Canadian based lawyer Miguna Miguna’s deportation illegal.
On Tuesday, Court of Appeal Judge Patrick Kiage ruled that the appeal by Interior Cabinet Secretary Fred Matiang’i lacked merit.
Justice Kiage in his ruling said that he did not see the prejudice the government would suffer with Miguna’s return.
The Judge further ruled that he could not suspend the High court order that declared Miguna’s deportation illegal, noting that the government fears of Miguna’s return were based on speculations.
Justice Kiage also trashed an appeal by Inspector General of Police, Director of criminal Investigations and his Immigration counterpart that sough to an order by the High Court requiring them to personally appear in court over Miguna's deportation overturned.
The Judge ruled that the order by the High court for the three to appear in court over Miguna’s deportation was within the confines of the law.
Last month, High court Judge Luka Kimaru declared Miguna’s deportation illegal, null and void.
Kimaru ordered the Immigration department to surrender Miguna’s passport in court.
Miguna was last mothy deported to Canada after administering Raila Odinga’s oath as the people’s president on January 30 at Uhuru Park.
The self-declared National Resistance Movement (NRM) leader has since been fighting his deportation and is set to return into the country on March 26.
Miguna’s anticipated return comes as President Uhuru Kenyatta and NASA leader Raila OIDNGA met on Friday last week, agreeing to work together for the unity of the country.
The meeting continues to elicit reactions across the political divide with calls on Wiper leader Kalonzo Musyoka to dump the NASA coalition.