Banished opposition politician Miguna Miguna says he will initiate a legal process to “nullify” his deportation to Canada from Kenya.
Mr Miguna, who spoke to BBC radio and TV presenter James Coomarasamy at Amsterdam en-route to Canada on Wednesday, blamed his deportation on Interior Cabinet Secretary Dr. Fred Matiangi.
“I am going to fight this legally and constitutionally. I have instructed lawyers to initiate applications and proceedings to invalidate and nullify what Fred Matiangi purported in terms of deportation to reinstate my passport which they took illegally and return to Kenya,” he said.
Miguna can sue the Interior CS via his legal representatives in Kenya.
In his Wednesday statement, Miguna said: “I have instructed my battery of competent advocates to ensure that the ongoing rogue purveyors of impunity are brought to book.”
Mr Miguna was deported from Kenya via an Amsterdam-bound KLM flight, which left the Jomo Kenyatta International Airport (JKIA) at 11:59pm on Tuesday, February 6.
Under Article 17 of the Kenyan Constitution, a person born in Kenya can only have their citizenship revoked if it was acquired by fraud, if they or their parents were already a citizen of another country, or if the person was older than eight when they were found in Kenya.
The Kenyan government has since issued a statement saying that under the old Constitution, Kenyans couldn’t hold dual-citizenship meaning that Mr Miguna’s acquisition of a Canadian passport in 1988 cost him his Kenyan nationality.
Although Mr Miguna successfully applied for a Kenyan passport in 2009, the government says this application was invalid since he didn’t declare his Canadian citizenship.
The government added that Mr Miguna never applied for Kenyan nationality once the constitution changed in 2010 to permit dual nationality.
In the BBC interview, Mr Miguna, who was arrested on Friday, February 2, alleged that he was mistreated while in custody at the Lari Police Station in Kiambu County.
“I have been treated like a beast. I was only given food twice, and I was not allowed to sleep. I was kept standing and when I was able to sleep, I slept on a cold bare floor; without anything. I was not able to take a shower since last Friday; my feet are swollen. There was a time I was getting an attack, and when I demanded to see a doctor, they refused. I have been tortured,” he said.
Mr Miguna was arrested for overseeing an oath, which opposition leader Raila Odinga took on January 30 to have him (Mr Odinga) installed as the ‘people’s president’.
Miguna, who was arraigned at a Kajiado Magistrate’s Court on Tuesday, February 6, did not take plea, saying he ought to have been presented at a high court in Nairobi.
High Court judge Luka Kimaru would later Tuesday say he was not going to leave the chambers until Mr Miguna was presented before him.
The judge, who suspended all legal proceedings against Mr Miguna, ordered the State to produce him in court on Wednesday, February 7 by 11am.
That did not happen, as Mr Miguna was driven to the JKIA, where at 10:45pm Tuesday, he was put in a KLM passenger plane, which was scheduled to fly to Amsterdam at 11:59pm.
(Additional reporting by the BBC).