Thread by @mmnjug

Canada-based lawyer Miguna Miguna wants the High Court to compel two international airlines to lift red alerts issued by the Kenyan government two years ago, so as to facilitate his planned return to Nairobi on November 16. - @NationAfrica

Miguna yesterday asked the court in Nairobi to issue an order directing Air France and Lufthansa Group (operating as German Airlines) to lift the ban that prevents them from allowing him to board their planes.

In an application filed under certificate of urgency, his lawyer John Khaminwa informed Justice Hellen Ong'undi that he has already booked an air ticket to travel from Canada via Germany and France to land in Kenya on November 16.

Dr Khaminwa said the orders sought against the airlines are meant to enforce six previous court orders made in respect of Dr Miguna.

It is lawful and just that the red alerts issued to the two airlines and any other airline be lifted forthwith. Rtd CJ @WMutunga and @lawsocietykenya president @NelsonHavi are scheduled to fly to Canada to accompany Miguna back home.

He indicated that the alerts were issued by @AGOfficeKenya and the Cabinet secretarie for @InteriorKE and @ForeignOfficeKE after Dr Miguna's removal from Kenya in February 2018.

The fresh application is Dr Khaminwa's second attempt to see whether Dr Miguna will be able to return to Nairobi after his return scheduled for January 7, 2020 aborted on basis of the red alerts.

His return was in light of a court order dated December 18, 2019 by High Court Judge Chacha Mwita who ruled that the fiery lawyer’s deportation was illegal, and that his rights and fundamental freedoms had been grossly violated.

Justice Mwita also compelled the government to immediately return to Dr Miguna his Kenyan passport and any other identification documents taken from him.

Following the ruling, Dr Miguna purchased a ticket to travel to Kenya from Berlin via Frankfurt on January 7, 2020 at 9:25pm. He was to use a Lufthansa flight.

A day earlier, (on January 6, 2020), High Court Judge Justice Weldon Korir (now promoted to Court of Appeal) issued another order restraining the State agencies from interfering in any way with Dr Miguna's entry into Kenya....

.....based on his identification through the use of his national identity card or his Kenya Passport in the form and state it was delivered by the government agencies to the court's registry.

On the strength of the two court orders, Dr Miguna sought to check in to board a Lufthansa Airline plane at Berlin Airport for Nairobi via Frankfurt Germany.

However, the court papers indicate, the airline's agents denied him to check in on account that they had been barred by the Kenyan Government from transporting him “to Kenya or any other African country”.

On attempting to board Air France Flight to Nairobi, the same communication was passed to him.

Dr Khaminwa adds that the airlines said they would only transport Mr Miguna to Kenya if they received an advisory from the Foreign Affairs Cabinet secretary indicating that the advisory had been vacated.

The court will rule on the application tomorrow (Friday) morning.

Miguna Miguna through his lawyer Dr. John Khaminwa wants Air France, Lufthansa forced to lift red alerts on him by GoK so that he can fly back to Kenya on 16th November bit.ly/3wBVMmY via @NationAfrica