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AG Kihara Kariuki has been ordered to appear in court on Monday to explain why orders allowing lawyer Miguna Miguna’s return to Kenya have not been obeyed.
Judge John Mativo on Friday said the government was stifling democracy by going against the court orders.
The state had no representation initially, but later, state lawyer Christopher Marwa appeared, saying their office was not aware that the case was happening on Friday.
Marwa told the court the state had complied with the court orders, adding that Miguna’s passport has expired and he should apply for another one.
However, Mativo said he had already delivered a ruling.
Marwa said Miguna can travel with his Canadian passport.
Miguna’s lawyer John Khaminwa said the AG, solicitor general or any senior representative should appear in court on Monday.
Khaminwa argued Marwa is too junior an officer to handle the matter.
The government on Tuesday changed tune in the Miguna Miguna travel to Kenya saga.
The lawyer was blocked from checking into two airlines on Tuesday after he sought to return to Nairobi from a two-year exile in Canada.
The government said the controversial lawyer needed to apply for a new passport.
On Monday, High Court judge Weldon Korir ruled that the state facilitate Miguna’s return without any conditions. He reiterated that ruling yesterday.
But spokesman Cyrus Oguna said allowing Miguna into the country without valid documents amounted to a breach of international aviation regulations.
The opposition politician was categorised as an unruly passenger in line with International Civil Aviation Organisation standards, he said.
“His unruly behaviour was seen to have the potential of threatening category A1 status of Jomo Kenyatta International Airport which the country did a lot of work to achieve,” Oguna’s statement reads.
“This category certifies that we have put security and safety measures in all our airports. This is an accomplishment that we are committed to jealously protect.”
The government appeared to blame the lawyer for his debacle saying it was puzzled as to why Miguna had not presented himself at Kenya’s missions abroad to apply for a passport.
“Miguna has not made an effort to obtain his passport from any of the missions, which are ready and willing to assist him get his documents once he presents himself,” the spokesman added.
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