A facebook post by director of NewMedia at Statehouse Dennis Itumbi confirms that the government has no intention of abiding by the court order issued today directing that the Immigration officials release Miguna Miguna and that he is to appear in Court tomorrow morning.
Here is the statement:
By Dennis Itumbi
Miguna Miguna – #SystemYaFacts,
1. Miguna got to JKIA yesterday and Kenyan Immigration officials, like happens everywhere in the world, asked for his travelling documents so as to facilitate his entry. He refused, even on the advise of his lawyers to handover his passport for Visa issuing, arguing Gvt wanted to take his passport away.
Naturally it was impossible to process his entry without Valid travelling documents. A Kenyan ID is only a travelling document when traveling to and from Uganda, Rwanda and South Sudan.
2. In the morning, Kenya asked the Canadian High Commission to offer their Citizen consular services at the Airport. In fact, Kenya even asked Canada to personally handle the passport for Miguna, as an assurance that Gvt was not interested in holding his passport.
3. Canadian officials spent Three hours with Miguna at the Airport and he declined their assistance.
4. Government was still willing to facilitate Miguna’s entry and after Canadian High Commission was unable to convince their citizen, Government through Immigration printed forms for him to fill so as to apply for a Kenyan passport or at least temporary entry documents.
5. Miguna shredded the forms, by tearing them up.
6. Meanwhile, his legal team was shopping for a friendly Judge and they got one. Justice Roselyn Aburili – they also got the orders they wanted.
7. The orders are in the category of absurd. How does a Judge order that a person who has yet to get to Kenya to be produced in court. Technically no such persons exists on Kenyan soil. The jurisdiction of the High Court is our boundaries. They court cannot order that Government go out of the borders to get anyone. Only, Parliament can do that for the Military.
8. Orders noted. But how will they be implemented? Yet the person in question has no documents to go through Immigration?
Facts are just that Facts – and they will not change because we disagree with them.