The High Court on Friday ruled that the state violated the rights of controversial lawyer Miguna Miguna by deporting him to Canada.
Justice Chacha Mwita said Miguna was unlawfully removed from Kenya as he is a Kenyan citizen.
He stated that citizenship by birth could not be revoked.
“Even if the petitioner (Miguna) acquired Canadian citizenship, he did not lose his Kenya citizenship. He remains a citizen of Kenya,” Justice Mwita stated.
Mwita further ruled that actions by Interior CS Fred Matiang’i and the other state officials amounted to an abuse of office and ordered the State to pay Miguna Sh7 million as compensation.
In order to deter future violations, the court ruled, Matiangi and Immigration Principal Secretary Gordon Kihalangwa should personally pay damages and costs.
The court further awarded Miguna Sh207,000 for damages to his house.
The court also ordered the state to return Miguna’s passport since it was unlawfully confiscated.
Miguna had stated that he did acquire his Canadian citizenship voluntarily as he went to Canada seeking political asylum.