Exiled lawyer Miguna Miguna has won his first battle in court in a case where he sued two international airlines that barred him from boarding a plane to Kenya.
In the case before Justice Weldon Korir, the court refused to throwout Miguna's suit which was challenged by the Attorney General.
Justice Korir maintained that an application by the AG asking the court to terminate Miguna’s case because the violation of his rights was committed outside Kenya was unfounded.
“I also do not think that a Kenyan whose rights are violated in a foreign jurisdiction by the Kenyan state can be turned away from our courts on the premise that there is no constitutional remedy for such violations,” Justice Korir ruled.
Miguna Vs Gov't
“I do not think that Lufthansa and Air France can escape liability if the petitioner can establish the alleged violations and the nexus between the state of Kenya and the two respondents in the commission of the violations,” he added.
The court pointed out that the two airlines can only vindicate themselves after their defences are considered alongside Miguna’s.
The lawyer, who lives in exile in Canada, wants the landing rights of aircraft owned or operated in Kenya by Lufthansa Group (German Airlines) and Air France suspended.
Miguna's lawyer John Khaminwa indicated in court documents that the prayer was because the airlines facilitated Miguna's illegal, arbitrary, and forced exclusion from entering Kenya despite clear court orders.