High Court judge Hedwig Ongudi has declined to issue orders sought by lawyer Miguna Miguna to facilitate his return to Kenya next week.
Miguna wanted red alerts issued by the Kenyan government to two airlines; Lufthansa German Airlines and Air France, lifted to allow him to travel to Kenya next week on Tuesday.
However, the court dismissed the application, noting that it cannot rely on speculation to grant the orders sought by Miguna Miguna.
“The case was filed prematurely without evidence and is therefore dismissed,” the court ruled.
The judge said that Miguna was to prove the existence of the red alerts and he was under obligation to prove those facts.
In a petition filed at the High Court of Kenya through lawyer Dr. John Khaminwa, Miguna says the red alerts that the government issued have made it impossible for him to travel into the country.
According to Miguna, the red alerts are illegal and should therefore be lifted to allow him to travel.
Attorney-General Kihara Kariuki, Foreign Affairs Cabinet Secretary Raychelle Omamo, Kenya Civil Aviation Authority Director-General Gilbert Kibe, Kenya Airports Authority Acting Managing Director Alex Gitari and Interior Cabinet Secretary Fred Mating’i are listed as respondents in the petition.
Last month, former Chief Justice Willy Mutunga announced that he was flying to Toronto this month to accompany the exiled lawyer on his journey back home, condemning the blatant disregard of decrees made by the High Court in regards to Miguna’s return to the country.