This archive report was first published on 10 January 2020.
On January 10, 2020, a court in Kenya summoned Attorney-General Kihara Kariuki or a senior official from his office to explain why orders directing the government to facilitate lawyer Miguna Miguna's return have been ignored.
Justice John Mativo noted that the government has disobeyed several orders on the matter, with the latest one being issued on Monday by Justice Weldon Korir.
However, the government, through State Counsel Christopher Marwa, argued that Dr Miguna's passport expired in March 2018 and he has not applied to renew it.
Mr Marwa also stated that Dr Miguna can use his Canadian passport to gain entry into Kenya or seek renewal of his passport locally or at any Kenyan embassy abroad.
Dr Miguna, through his lawyer John Khaminwa, countered that court orders exist not for cosmetic purposes, but to be obeyed.
He accused the government of consistently disobeying them and said the attorney-general must explain why.
But counsel Marwa said the government has demonstrated its willingness to obey the orders.
He said Dr Miguna's passport is expired and has not been renewed yet the application is done online, through the e-Citizen platform.
Mr Marwa also stated that the government announced that all Kenyans with old generation passports needed to acquire e-passports from September 1, 2017.
He said millions of Kenyans all over the world have applied and acquired the document but Dr Miguna has decided not to.
Mr Alfred Omangi, the Principal Immigration Officer, has filed an affidavit in court on the matter of Dr Miguna's return.
Mr Omangi said Kenya Citizenship Regulations, 2012 allow Dr Miguna, as a Kenyan, the right to enter and leave the country using another passport, as long as it is lawfully acquired.
He further said the Immigration Department sought advice on Dr Miguna's return from the attorney-general and was informed that he should be allowed back on the strength of the judgment he obtained on December 14, 2018.
"We have intentions of abiding by the court order," he said.
