Former CJ Mutunga to accompany Miguna back to Kenya in November

Former Chief Justice Willy Mutunga says he will fly to Canada to accompany deported lawyer Miguna Miguna back to Kenya on November 16.

In a lengthy publication, Mutunga said "I have decided to travel to Toronto, Canada, to accompany Mr. Miguna on his flight back to his motherland on 16 November 2021,” said the former Chief Justice. 

Dr. Mutunga, said he decided to embark on the mission after personal reflections and consultations with lawyers, human rights and justice defenders, progressive politicians and Mr. Miguna himself. 

He  said he had undertaken the decision for two main reasons: 

“First is because of the continued, flagrant and reprehensible defiance of the Government of Kenya, its agencies and senior officials, against the numerous valid court orders in favour of Mr Miguna.”  

“The second reason ... is to support and defend the independence of our Judiciary, its authority and the people’s confidence in it,” he further stated. 

 Law Society of Kenya President Nelson  Havi has also offered to accompany Willy Mutunga to Canada to bring Miguna back home.

"I am ready to accompany CJ Emeritus Dr Willy Mutunga to Canada to bring Miguna Miguna back home on November 16, 2021. The rule of law, respect for Court orders, and the defense of the Constitution is the responsibility of all Kenyans in general and all leaders in particular," said Havi on Wednesday

Miguna was controversially deported twice by the authorities after taking part in the swearing-in of the Orange Democratic Movement (ODM) party leader Raila Odinga as the  People's President on January 30 at the Uhuru Park following the disputed 2017 presidential elections.

Mutunga who served as Kenya's first Chief Justice under the dispensation of the 2010 Constitution further wants the state to purge the contempt of court findings against Interior CS Fred Matiangi, Former Immigaration Director General Gordon Kihalangwa, Ex-IG Joseph Boinnet, DCI boss George Kinoti, Said Kiprotich and former AG Githu Muigai.

" To date, none of the contemnors has purged their contempt. They, therefore, continue to undermine the rule of law and to violate the oath of office they took as state officers,” Mutunga said

In the deportation letter, Interior CS Fred Matiang'i stated that Miguna was in the country illegally, arguing that Miguna lost his Kenyan citizenship after acquiring Canadian citizenship since the constitution of the time didn't allow dual citizenship.

Taking to his official Twitter handle, Miguna thanked Mutunga for his decision to travel to Toronto, Canada to accompany him.

" Former CJ @WMutunga: Thank you for the DECISION to travel to Canada and accompany me HOME on November 16. It's 1,357 days (3 years, 8 months and 18 days) since I was forcefully exiled. We need GENUINE FREEDOM. Let them remove the RED ALERTS! I'm ready!" he tweeted.