Nairobi — The Government now says the deportation of Miguna Miguna was done lawfully and in the country's best interest.
The defence came a few hours after the High Court declared the government's move to be null and void, but Interior Principal Secretary Karanja Kibicho says the Government's legal team is currently reviewing the ruling with the intent to appeal.
In a statement, Kibicho insists the self-declared General of the outlawed National Resistance Movement is a Canadian citizen.
"In as much as the government respects the court's decision, it still holds the earlier stated view that the deportation of Miguna Miguna was procedural and done in accordance with the law," he said.
The High Court has since nullified the deportation order signed by Interior Cabinet Secretary Fred Matiangi and ordered that Miguna's Kenyan passport be presented in court within a week.
"We believe the ruling by Justice Luka Kimaru which further directs the Director of Immigration services to surrender Miguna illegally acquired Kenyan passport to the court within seven days is not in the best interest of the country," the PS asserted.
"Going forward, the Government's legal team handling the matter is currently reviewing the High Court ruling and will shortly be appealing this court decision."
In a ruling delivered on Thursday morning, High Court Judge Luka Kimaru also found Inspector General Joseph Boinnet and the Director of Criminal Investigations George Kinoti to have treated the court with contempt by failing to produce Miguna in court on Tuesday last week, as directed.
"This court will not convict the third and second respondent (Boinnet and Kinoti) but will give them an opportunity to assist the court in purging the contempt of the orders of the court that they've been found by this court to have committed," Justice Kimaru ruled.
He explained imposing a fine on the two or committing them to prison "may not serve the ends of justice in the particular circumstances of this case."
Miguna was arrested on February 2 in a crackdown on NASA members behind the administration of an oath on Raila Odinga on January 30 as the "People's President."
Miguna was held incommunicado until February 6 when he was produced before a Kajiado Magistrate Court to answer to charges of treason.
He refused to take a plea citing orders from Kimaru's court which had granted him a Sh50,000 cash bail.