Nairobi — The government now says it deported Miguna Miguna because he denounced his nationality as a Kenyan citizen.
The government says he instead acquired Canadian citizenship.
A deportation order tabled in court which is signed by Interior Cabinet Secretary Fred Matiangi showed that the Immigration Department had been carrying out investigations on the matter until Monday night when a decision to kick him out was reached.
State Counsel Duncan Ondimu tabled the order in court during a session convened by Justice Luka Kimaru following orders he issued Tuesday to have the fiery politician produced.
"There was an order which was made on the 6th day of February 2018 signed by the Cabinet Secretary in charge of Interior. The effect is that it cleared the person that is the applicant as a prohibited immigrant and subject to deportation. My lord a copy of the flight record is attached which showed that the applicant did exit the country at 21:12:42 hours," he said.
Miguna's lawyers led by Siaya Senator James Orengo however protested the move and urged the court to summon both the Inspector General of Police Joseph Boinnet and CID Director George Kinoti to explain why they did not produce him as ordered.
"Citizenship by birth cannot be lost. Mr Miguna was born in Kisumu and what the Cabinet Secretary has done does not hold water," Orengo said.
"The process of deportation is also part of the Kenyan law and that person must appear before the court. That is what the constitution says," added Makueni Senator Mutula Kilonzo Junior.
"My lord, this is when you need to s how your teeth. Please bite somebody. And bite very hard and do not let go, you must spill blood. Somebody must be answerable," lawyer Cliff Ombetta stated.
Miguna was forced into a KLM flight Tuesday night after refusing to take plea in a Kajiado court for charges related to the mock swearing-in of Raila Odinga as the People's president.
In the deportation order, Matiangi stated that Miguna was in the country illegally and his presence in Kenya was contrary to national interest.
The Interior CS was also keen to note that Miguna was not a citizen of Kenya hence the directive for his removal.