A High court judge has awarded sh 7 million in damages to controversial lawyer and political activist Miguna Miguna for what he ruled as illegal deportation.
In his ruling, Justice chacha Mwita maintained that citizenship by birth could not be revoked and added that Miguna Miguna’s deportation was unlawful, in violation of the Constitution and an infringement on his rights.
“Even if the petitioner (Miguna) acquired Canadian citizenship, he did not lose his Kenya citizenship. He remains a citizen of Kenya,” Justice Mwita said, adding that the 7millionn is for the violation of Miguna Miguna’s rights.
“He was entitled to due process and I hereby award him Ksh7 million for violation of his rights.” The judge said
Miguna Miguna said the ruling upheld what he has always asserted.
“I’ve always asserted my irrevocable rights to life, fair hearing, bodily integrity, dignity, citizenship, passport, protection against torture, as well as my freedoms of conscience, speech, association and mobility. Those are the rights Justice Mwita restored and affirmed,” the firebrand activist said in a statement.
Miguna Miguna, however, said that no matter how much someone is awarded in damages, it can never restore the emotional loss incurred.
“No matter how much anyone is awarded in damages, it will never restore the physical, emotional, reputational and financial loses. Courts only try to send messages of deterrence and symbolic restoration in judgments and orders,” he said.
Justice Mwita further ruled that the immigration ministry reinstated Miguna’s passport.
Miguna Miguna, who described himself as a “General” in the National Resistance Movement (NRM), was deported from the country in February for his role in the controversial swearing in of Raila Odinga after the 2017 elections.
He later returned in the country in March but was denied entry and locked up at the JKIA for three days before he was forced on a Emirates flight to Dubai. The Immigration Department had demanded for Miguna to regularise his Kenyan citizenship before he can officially be allowed back in the country but the “general” declined maintaining he was still a Kenyan citizen.
In May, Nairobi governor Mike Sonko controversially nominating his political opponent and biggest critic Miguna Miguna as his deputy.