Kenyans in the diaspora will be petitioning the High Court in Milimani to demand that Air France disclose legal reasons for its refusal to fly self-declared NRM Leader Miguna Miguna back home.
In a statement, Sebastian Onyango Chairman of Diaspora for Change and Justice of Kenya Initiative will also be requesting the Judiciary to issue an order barring Air France and its associates from landing anywhere in Kenya until it complies with the order issued by the court to bring back Miguna.
Miguna made a fresh attempt to return to Kenya on November 16 but Air France declined to fly him over a ‘Red Alert’.
The High court on November 12 also declined to lift the Red alerts saying there was no evidence to prove the alerts exist.
“This court cannot rely on speculation to grant the orders he is seeking. The burden of proof was on Miguna to prove the red alerts exist and he was under obligation to prove the allegations exist,” said Justice Hedwig Ong’undi.
Miguna, who holds citizenship for Kenya and Canada, was first deported in February 2018 after taking part in the swearing-in of Raila as the ‘People’s President’ at Uhuru Park on January 30, 2018.
SEVERAL COURT ORDERS
The High court has on numerous occasions issued orders restraining the government from interfering with his entry to Kenya, and that the Government of Kenya and its senior officials facilitate Miguna’s return to Kenya and grant him unconditional entry at the time of his choosing.
These orders have not been complied with.
The Court has also suspended the declarations and decisions of Interior and National Coordination Cabinet Secretary Dr Fred Matiang’i, and Director of Immigration, Major (Rtd.) Gordon Kihalangwa, that had purported to invalidate Miguna’s citizenship and justify his forced exile.
The Kenyans in Diaspora say they are worried by the increasing tendency of the political class to emasculate the independence of the Judiciary by refusing to uphold court orders and to comply with the rule of law.
“Despite several court orders requiring the government to allow, facilitate and not to interfere with the return of Miguna to the country, the leadership continues to refuse to comply and continue to disobey these court orders by issuing illegal red alerts to airlines scheduled to fly Miguna back home to Kenya,” they claim.
Onyango in his statement says the sustained disrespect for the rule of law by the government whose job it is to uphold the law and order is appalling.
“President Uhuru Kenyatta must allow Miguna Miguna back home and shall be held personally responsible if anything were to happen to him. When you target one Kenyan you target all of us. Kenyans must stop the hypocrisy of thinking it’s someone else. The lion will soon swallow all of us. We must stop them dead on their tracks,” he said. BY THE STAR