Big win for Miguna Miguna in case over deportation


A bench of three judges agreed that although the appeal by the government raises substantial questions, the State failed to demonstrate how the failure to suspend the decision would be prejudicial.

"It is not sufficient to merely state that the appeal will be rendered nugatory if the orders sought are not granted. The applicant must demonstrate to the court the ‘how’ aspect. It is not obvious to the court the harm, prejudice or loss the applicants would suffer if the respondent were to return to the country, pending the hearing of the appeals pursuant to the orders made by the judge," Justices Roselyn Nambuye, Wanjiru Karanja and Mohamed Warsame said in the judgment.

The judges also declined to suspend an award of Sh7.2 million in damages granted to Dr Miguna and for the destruction of his house in Runda, Nairobi, in February 2018.

The court further refused to suspend the order that quashed the declaration of the National Resistance Movement as a criminal organisation.
The judges said the grounds raised were important but should be argued in the main appeal.

Dr Miguna was first deported in February 2018, days after his arrest over his role in the mock swearing-in of Orange Democratic Movement (ODM) leader Raila Odinga as the people’s president on January 30 that year.

He tried to return to Kenya on March 26, 2018 but was denied entry and detained incommunicado, and without food and access to his lawyers, in a toilet at terminal 2 of the Jomo Kenyatta International Airport.

A day later, Justice Roselyn Aburili ordered Dr Miguna’s release and his appearance before the duty judge the following day.