The High court has declined to lift the red alerts issued by the Kenyan government preventing self declared NRM leader Miguna Miguna to travel to the country.
Judge Hedwig Ong’undi said there was no evidence showing that Miguna had been stopped from returning to the country.
He noted that the burden of proof was on Miguna to show that the red alerts exist.
“There is no evidence to prove the alerts exist. This court cannot rule on speculation to grant the orders he is seeking. Case dismissed,” Justice Hedwig said.
“Court being a Court of law expected him to adduce evidence to prove existence of the red alerts.”
Under a certificate of urgency, Miguna said the alerts had prevented Lufthansa and Air France airlines from allowing him to board its planes for purposes of travelling to and entering Kenya on November 16 or any other day.
“It is lawful and just that the red alerts issued by the Attorney General and Fred Matiang’i to the two airlines or any other airline be lifted to enable me travel to Kenya,” he said.
Miguna has already booked an air ticket to travel from Canada via Germany and France to land in Kenya on November 16, 2021.
Former Chief Justice Willy Mutunga and LSK President Nelson Havi are to accompany him on his flight.
Mutunga announced in October that he’ll personally travel to Toronto to accompany the firebrand lawyer and self-declared national resistance movement (NRM).
Miguna welcomed the former CJ’s move and thanked him for a decision he termed wise, and that he had already packed his bags.
“We need more patriots to accompany CJ Emeritus: My bag is already parked. Let freedom ring. Viva!” he said.
“It’s 1,357 days (3 years, 8 months and 18 days) since I was forcefully exiled. We need genuine freedom. Let them remove the red alerts! I’m ready!”
Miguna, who hold 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.
