The Court of Appeal declined to suspend an award of 7.2 million shillings to Dr. Miguna Miguna from the government for breaking into his home in Runda in February 2018.
In a long court battle, and a lonely fight after key political friends he defended abandoned him, Miguna Miguna has been relentless in fighting for his return to Kenya, his birth country after being unceremoniously deported after the “swearing-in” of Raila Odinga.
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At the same time, the court refused to suspend the order that quashed the declaration of the National Resistance Movement as a criminal organization. NRM is a term Miguna used to refer to supporters of “change” then affiliated to the Orange Democratic Movement.
The Court of Appeal, also, declined to suspend a judgment of the High Court that found the move to declare Dr. Miguna Miguna a prohibited immigrant, and his deportation two years ago, illegal.
A bench of three judges agreed that although the appeal by the government raises substantial questions, the State failed to demonstrate how the failure to suspend the decision would be prejudicial.
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“It is not sufficient to merely state that the appeal will be rendered nugatory if the orders sought are not granted. The applicant must demonstrate to the court the ‘how’ aspect.
It is not obvious to the court the harm, prejudice, or loss the applicants would suffer if the respondent were to return to the country, pending the hearing of the appeals pursuant to the orders made by the judge,” Justices Roselyn Nambuye, Wanjiru Karanja and Mohamed Warsame said in the judgment.