The High Court has ruled that the state violated lawyer Miguna Miguna’s rights by deporting him to Canada.
Justice Chacha Mwita on Friday ordered that Miguna is paid Sh7 million for his continued violation since he is still in Canada.
Mwita further ruled that actions by Interior CS Fred Matiang’i and the other state officials amounted to an abuse of office.
The judge said that “taxpayers should not shoulder costs of violations by overzealous state officers.”
“…The government’s deduction to cancel Miguna Miguna’s passport and declaring him prohibited immigrant is unconstitutional and is hereby declared null and void,” read the ruling.
In order to deter future violations, the court ruled, Matiangi and Immigration Principal Secretary Gordon Kihalangwa should personally pay the damages and costs.
The court also ordered the state to return Miguna’s passport since it was unlawfully confiscated.
The court further ruled that even though the respondents (the government) did not like his abrasiveness, they are bound to adhere to the rule of law and protect his constitutional rights and human rights.
“I find and hold that he did not lose his citizenship upon acquiring a Canadian passport,” ruled Justice Mwita.
The court termed Miguna,who was deported to Canada in March, a political refugee without a passport in Canada adding that even if he were to be removed from the country, the law had to be followed which entails fair administrative act and hearing.
Miguna has also been awarded a further Sh207,000 in damages to his house.
Mwita said the damages issued to Miguna will act as a deterrent to similar violations of the law.