BY SAM ALFAN.
Kenyan born Canadian lawyer Miguna Miguna now wants Foreign Affairs CS Raychelle Omamo committed to a six months civil jail for disobeying court orders directing her to facilitate his return to the country.
Miguna says the court had directed the ministry to grant him temporary travelling documents last year, but the government disobeyed the directive.
He now says the actions of the government officials are in bad faith. He further wants to be compensated for the money he spent in Berlin, Germany as he tried to get the documents as directed by the court.
“An order be and is hereby issued directing Raychelle Omamo to immediately purge the contempt and enable Miguna to obtain his emergency travel document from the Kenya High Commission in Ottawa or the Kenya High commission Berlin as was ordered by court in November 22 last year pending hearing and determination of his application,” he said in the application filed under certificate of urgency.
He is also seeking an order restraining any officer or person from obstructing, hindering and interfering with the arrest of Omamo.
“In the event of further failure to comply with orders of the honourable court an order of citizen arrest be and is hereby issued to the Citizens of Republic of Kenya, jointly or severally to arrest on sight and deliver Omamo to Kamiti Maximum prison,” says Miguna
He has accused the CS of refusing to comply with the ruling stating that she is aware of the court order.
Miguna says he went to the Kenya High Commission in Berlin Germany after the court ruling but officials refused to receive his documents.
“When I returned to the embassy on November 23 with physical copies of the order the high commission in Berlin locked me outside the building in cold winter weather for more than 30 minutes and subsequently refused to receive a copy of the order that I presented to them,” he said in an affidavit.
His lawyer Adrian Kamotho says one of the officials stated that they would not issue him with the emergency travel document until they get instructions from senior officials at the Ministry of Interior in Nairobi.
He further claims the Deputy head of missions laughed at Miguna and pretended to that she was going to get her boss but never returned to the conference room.
Miguna claims he spent 4,300 USD on air fare and 3,400 USD on hotel accommodation plus transportation and basic needs such as food.
According to him up-to-date Air France has never refunded the fare for the Berlin-Nairobi adding that he spent more than 10,000 USD on the latest trip.
He claims he spent an equivalent amount in March 2018 and January 2020 when the state prevented me from entering Kenya.
Miguna seeks severe penal punishment including but not limited to custodial sentences of the contemnors in addition to having them ordered to jointly and severally compensate me for the losses incurred in relation to the aborted trip to Kenya in November.
