Lawyers representing self-declared NRM general Miguna Miguna could be heading to court on Wednesday, the same day he is expected to arrive from Canada.
The decision to go to court follows a letter by the Principal Secretary in the State Department of Immigration, Mr Gordon Kihalang'wa, to the Kenya National Commission on Human Rights (KNCHR) that the department would neither issue Mr Miguna with a passport nor buy him an air ticket as ordered by the court.
"We have been talking with the lawyers (for Mr Miguna) and we understand they are going to court tomorrow on the basis of Kihalang'wa's letter which, in effect, says the government is still not keen on letting him back. So they will be asking for fresh directions and orders from the court," KNCHR Vice-Chairman George Morara said.
But, when approached, Ms Julie Soweto, one of Mr Miguna's lawyers, told the Nation: "I am not commenting on any issue touching on Mr Miguna right now."
Maj-Gen (rtd) Kihalang'wa last week told the KNCHR that Mr Miguna will be given a passport only if he applies afresh for Kenyan citizenship, an assertion that has been challenged by the KNCHR and Mr Miguna's lawyers.
"The department cannot issue Mr Miguna with a valid Kenyan passport as he has not made any application for the same. Moreover, and without prejudice, we reiterate that Mr Miguna has to regain his Kenyan citizenship before being issued with a Kenyan passport," Maj-Gen Kihalang'wa says in the letter dated May 10.
But last week Mr Morara termed the position taken by the Immigration Department "embarrassing and unfortunate."
"The court orders were very clear and they still remain clear and they have not been vacated. The orders were such that the Immigration Department, and even the police, were to facilitate his return," said Mr Morara.
Mr Miguna announced that he will be returning today from Canada after the government deported him twice.
"May 16, 2018, my return date to my motherland is now engraved on granite. Thanks patriots, #NRMKe comrades, colleagues like Stuart Russell, for keeping the flame alive. We shall triumph," he tweeted.