A lawyer acting on behalf of the Kenyan Government told the court that the State is not aware of any reason why Miguna Miguna is not in the country.
The advocate, Christopher Marwa, said Miguna has not demonstrated how the government has denied him entry.
“Khaminwa (Miguna’s lawyer) has not said whether the Government has refused to allow Miguna Miguna back to the country,” he told the court on Wednesday.
High Court Judge Weldon Korir was further told that the government is not behind Miguna’s woes.
The State lawyer further maintained the Government’s position that the State is willing to facilitate his return back to the country.
He urged the court to dismiss the application by Miguna’s lawyer arguing that it has no basis.
According to Marwa, Kenya has no control of the situation and if his travel documents are processed, he can come back to the country.
In response, Khaminwa argued that it is the government’s responsibility to facilitate his client’s return as he is in a foreign country.
He further noted that he had spoken to Interior CS Fred Matiangi who reportedly assured him that he is not opposed to Miguna’e return.
Khaminwa confirmed claims by Miguna that has not been able to travel to Kenya because of the red alert allegedly issued by the State.
Justice Korir after then ordered that the Government file its responses within the next 24 hours and appear for inter-party hearing on Friday this week.
“I have considered the application by both the State and Miguna and realized that the matter is urgent,” he ruled on Wednesday morning.