Director of Immigration Department Gordon Kihalangwa on Wednesday complies with a court order to surrender Miguna Miguna's passport.
The passport was however perforated, officially rendering it invalid.
A passport is perforated when its holder is deported.
High Court judge Luka Kimaru had declared Miguna's deportation as illegal.
Miguna will now have to apply for a new passport.
The Nasa activist quickly tweeted that the state had not complied with the court order which never made any mention of a perforated passport.
The despots have not complied with Justice Kimaru's order. The court order clearly states that the respondents must "deposit the passport with the High Court Registry in 7 days." They were not ordered to return or deposit a destroyed,, defaced or perforated passport. #UhuruMustGo
- Dr. Miguna Miguna (@MigunaMiguna) February 21, 2018
Kenyans on Twitter had a lot to say about the development, terming it as a sign that the state is unwilling to comply with court orders.
@LewellaBee wrote; "A perforated, defaced or destroyed passport IS NOT a passport. They must deposit The General's PASSPORT with the High Court Registry."
@Otiken2015 added; "They can as well issue new one if they destroyed that one."
@okode_david commented; "For once we can see a state officer acting on his own capacity not under the interference and influence of "order from above" Kudos Kihalangwa for obeying court order.Matiangi and others who think are above law should follow suit."
@KevinOkemba added; "We knew our superstar general miguna tena miguna will be back no matter how the government tries to brutalize his fight for our oppressed nation, now, even a class one student can tell who understand the rule of law, miguna the general or his simpleton desporters."