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Miguna wants lawyer in Germany for trip home, state to pay flight

Says any officer disobeying court orders should be jailed for at least three years

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by annette wambulwa

News10 January 2020 - 12:50
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In Summary


• Miguna also wants the court to block the state from making any demands on him but comply with all the orders issued in his favour. 

• Miguna has urged the courts to ban the state from conducting business before the High Court until they comply with all the orders including paying fines, damages, costs and interests accrued

Lawyer Miguna Miguna.

Controversial lawyer Miguna Miguna has said the state should pay for his lawyer's return tickets to his current location to accompany him back to Kenya.

Miguna also wants the court to block the state from making any demands on him but comply with all the orders issued in his favour. 

Any officer disobeying the court orders should be jailed for least three years, Miguna says in an affidavit filed in court. 

 

"They should be compelled to buy return tickets for me and for at least of my advocates and two officers of the KNHRC so that these officers and advocates can travel to wherever I am and accompany me to Kenya," reads his statement.

 

Miguna has urged the courts to ban the state from conducting business before the High Court until they comply with all the orders including paying fines, damages, costs and interests accrued. 

In his affidavit, Miguna reveals the trouble he has gone through since his return saga began. 

"I have spent a lot of money in hotels, transports, long-distance telephone and other incidentals in search of alternative means of travelling to Nairobi," Miguna says.

He has also accused the security services of hacking into the Lufthansa website on December 19 to cancel his original booking. 

According to Miguna, the state used the flight information he had put up on social media to illegally sign in to the booking website and cancel his flight.

He also claims that Lufthansa and Air France have not refunded to him over $5,000 (Sh500,000) that he had used to book the two-way flights.

 
 

The embattled lawyer maintains that he has not been categorised as an unruly passenger by any airline. 

Since 2018, he says, he has flown on numerous airlines from and to Dubai, London, Mexico, USA, German, Austria, Swiss and French destinations without any issues with any airline.

Miguna said that after being ejected from Air France, and unlike Lufthansa, the staff were rude and refused to accommodate his situation.

He wasn’t given water to drink, his refund claims were rejected and they also refused to give him any accommodation or take him to their lounge.

“I had to book a room at Hilton located near Terminal 2 of the Charles De Gaulle Airport for one night at €169 . I went to bed past 2am on January 8 exhausted, frustrated and feeling abused” he added.

The High Court on Friday directed the Attorney General or any senior state representative to appear before it to explain the reason for disobeying court orders in the Miguna case.

The state had initially had no representation but state lawyer Christopher Marwa appeared, saying their office was not aware that the case was in court.

Marwa argued that the state has complied with the court orders.

However, he said, Miguna’s passport has expired and he should apply for a new one at any Kenyan embassy abroad. 

He said that Miguna can travel with his Canadian passport and get a visa on arrival as the government facilitates his Kenyan travel documents. 

Justice John Mativo said that Miguna’s case was a sad story as the state has disregarded and disobeyed the law.

Mativo directed the Attorney General to appear in court and explain to the court why the state has been disobeying court orders.

The case will be mentioned on Monday when the AG is expected to appear in court.

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