Immigration Department's hardline that Miguna Miguna had to apply afresh Kenyan citizenship compelled him to cancel his second return to the country.
Kenya National Human Rights Commissioner George Morara had on Sunday accused the government of failing to adhere to the court order over Miguna Miguna's facilitation to Kenya.
"We have written to the government in compliance with the court order and nothing his forthcoming. They are supposed to facilitate his return," he said.
The Canadian based lawyer was supposed to return on Wednesday but had to cancel his trip perhaps to avoid another drama on arrival.
In a statement, Miguna Miguna further said he had instructed his lawyers to return to court to push for acquisition of his passport which had been destroyed by authorities.
"In view of the refusal by Immigration Department to issue me with Kenyan valid passport and to facilitate my re-entry to the country and on advise by my legal officers, I will not come.
" I have instructed my advocates to immediately bring to the attention of the court the continued wilful contempt of its orders," he wrote.
His woes started when he spearheaded administration of presidential oath to Raila Odinga, who has since reconciled with President Uhuru Kenyatta.
And in protest, Miguna Miguna, who has been deported twice, has since disowned Raila, following the unexpected handshake with Uhuru.