Exiled lawyer Miguna Miguna was stranded at Berlin airport for hours after he was blocked from flying to Kenya or to any other country in Africa.
After three years in exile, Miguna was looking forward to return to Kenya. Former Chief Justice Willy Mutunga and Law Society of Kenya (LSK) President Nelson Havi were to accompany him on his flight back home.
However, High Court on Friday November 11th declined to lift the red alerts issued by the Kenyan government preventing Miguna Miguna to travel to the country.
Judge Hedwig Ong’undi said there was no evidence showing that Miguna had been stopped from returning to the country. He noted that the burden of proof was on Miguna to show that the red alerts exist
“There is no evidence to prove the alerts exist. This court cannot rule on speculation to grant the orders he is seeking. Case dismissed. Court being a Court of law expected him to adduce evidence to prove existence of the red alerts,” Justice Hedwig said.
Under a certificate of urgency, Miguna said the alerts had prevented Lufthansa and Air France airlines from allowing him to board its planes for purposes of travelling to and entering Kenya on November 16th or any other day.
“It is lawful and just that the red alerts issued by the Attorney General and Fred Matiang’i to the two airlines or any other airline be lifted to enable me travel to Kenya,” he said.
Miguna booked an air ticket to travel from Canada via Germany and France to land in Kenya on November 16, 2021.
Miguna’s attempts to board a Air France flight to Nairobi at Berlin Brandenburg International Airport were repulsed by officials who informed he couldn’t be allowed to board due to the red alert by the Kenyan government.
“This is to inform Kenyans and the world that @airfrance officials at the check-in counter at the Berlin Brandenburg Airport have just informed me that the Government of Kenya sent them a “red Alert” this morning that they cannot fly me to Nairobi. I’m waiting for a copy,” Miguna tweeted.
This is to inform Kenyans and the world that @airfrance officials at the check-in counter at the Berlin Brandenburg Airport have just informed me that the Government of Kenya sent them a "red Alert" this morning that they cannot fly me to Nairobi. I'm waiting for a copy. pic.twitter.com/vngmR1l5BX
— Dr. Miguna Miguna (@MigunaMiguna) November 15, 2021
Berlin Brandenburg International Airport. Being refused boarding on flight AF 836 @airfrance due to Red Alerts received from Despot Uhuru Kenyatta's @StateHouseKenya this morning. They fear me because they are extremely weak and unpopular. I'll keep you updated. pic.twitter.com/bU2TXNulPu
— Dr. Miguna Miguna (@MigunaMiguna) November 15, 2021
Here is the document @airfrance has given me. They have refused to state "Red Alert." But they have indicated that it is obvious and they empathize with me but that there is nothing they can do. Let our legal team get to work. Thanks everyone for the support. Aluta Continua. pic.twitter.com/gN4yZ6zbmf
— Dr. Miguna Miguna (@MigunaMiguna) November 15, 2021
Miguna also explained that the red alert issued by the Kenyan government also stops airlines from flying him to any destination in Africa.
“Those asking me to fly to Uganda then cross the border “illegally” into Kenya must understand that the Red Alerts stop airlines from flying me to any African country. Also, acting illegally would give the despot an excuse to justify his criminality and to brand me a terrorist,” Miguna tweeted.
Those asking me to fly to Uganda then cross the border "illegally" into Kenya must understand that the Red Alerts stop airlines from flying me to any African country. Also, acting illegally would give the despot an excuse to justify his criminality and to brand me a terrorist.
— Dr. Miguna Miguna (@MigunaMiguna) November 15, 2021
You are wrong. Both @lufthansa and @airfrance have told me that the Red Alerts prevent them from flying me to any destination in Africa. Focus on the illegalities of the Red Alerts, their use to facilitate disobedience of court orders and human rights violations. https://t.co/gq00CDBtWe
— Dr. Miguna Miguna (@MigunaMiguna) November 15, 2021
Related: Miguna Begins Search At University Of Leipzig In Germany To Validate Raila’s Degree
