Extracts of affidavit to justify Miguna’s deportation

Interior CS Fred Matiang'i is welcomed by Director General Immigration department Gordon Kihalangwa for the launch of e-Passport .

Extracts of AFFIDAVIT

MAJ. GEN (Rtd) DR. GORDON KIHALANGWA - Director of Immigration,

3. THAT I have perused Immigration file in relation to the Applicant and

I noted the following;

a) That the Applicant was born on the 31 st December 1962 in Nyando Kisumu County;

b) That sometimes in the year 1987, the Applicant applied for a Kenyan passport to enable him travel to Havana, Cuba for the 15th Congress of International Union of Students (IUS) and the World Student Conference as a Student Leader;

c) That the said application by the Applicant hereinabove was rejected and on the 15th December 1987, the Department wrote to the Applicant inform!ng him of its decision to reject his passport application;

d) That on the 12th day of September 1992, the Applicant wrote to the Kenya High Commissioner in Ottawa - Canada requesting him to intervene and issue him with a Kenyan passport;

e) That in the said letter, the Applicant stated that, among others, that he fled the Country in 1998 as a political refugee and that he travelled to Canada without a Kenyan passport since his request for one had been declined in 1987;

f) That on the 3rd day of March 2009, the Applicant made another  application for a Kenyan Passport at the Kisumu Passport Control office and upon receipt of the application, the then Minister InCharge of Immigration, the Late Hon. Gerald O. Kajwang approved that a duplicate file be opened at the Headquarters (Nyayo House);

g) That the Late Hon. Kajwang further instructed that the Applicant  herein, who was at the time an advisor to the then Prime Minister Rt. Hon. Raila Odinga, be issued with a Kenyan passport;

h) That the Kenyan passport was illegally issued to him without any legal backing despite the fact that he already had a Canadian passport and the then repealed Constitution did not provide for dual Nationality;

4. THAT investigations by the Department revealed that the Applicant herein is a Canadian Citizen holder of Canadian passport number HP679627 and has at all time travelled in and out of the Country using several Canadian passports nos. MJ393885 AND WK944502 and that his activities in the Country were detrimental to National interest;

5. THAT I brought the above facts to the attention of the Cabinet Secretary in charge of Immigration Matters.

6. THAT the Cabinet Secretary In-Charge of Immigration matters on the 6th day of February 2018 issued a declaration under section 33( 1) and 43 of the Kenya Citizenship and Immigration Act, 2011;

7. THAT pursuant to the orders referred to in Paragraph 6, i instructed be effected;

8. THAT on 6th February 2018, the Applicant herein was arrested within the precincts of Inland Container Depot-Embakasi and taken to Jomo Kenyatta International Airport for purposes of deportation and did board KLM Airline Flight Number KL0566 to Toronto Canada via Amsterdam;

9. THAT the Department of Immigration/action taken against the applicant was guided by the Constitution of Kenya 2010,the Kenya Citizenship and Immigration Act, 2011 ,particularly section 33 and 43 and several High Court decision on similar subject;

10.THAT the Department of Immigration was not a party to this application, consequently, we were not aware of the orders of this Honourable Court as none had been served on the Department.

Moreover, if any orders had been brought to the attention of the Department, we will definitely have complied;