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Article

17 Feb 2020

Author:
Joseph Wangui, Daily Nation (Kenya)

Exiled Kenyan sues Lufthansa & Air France for alleged complicity in arbitrary and forced exclusion from entering Kenya

"Miguna sues Lufthansa, Air France over failed return to Kenya"

Two international airline companies have been sucked into a citizenship dispute pitting Kenyan firebrand lawyer Miguna Miguna against the government. 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, a move likely to affect business if successful. Lawyer John Khaminwa indicates in court documents that the prayer is because the airlines facilitated Miguna's illegal, arbitrary and forced exclusion from entering Kenya despite clear court orders. Miguna's application will come up for hearing and directions at the Milimani Law Courts in Nairobi on Monday.

Mr Khaminwa is seeking orders restraining any aircraft or airborne vessel affiliated with the two airlines from landing at any airport or airstrip in Kenya, except for the purpose of facilitating Miguna's transportation back to the country. The orders are to be effected by Kenya Civil Aviation Authority's Director-General Gilbert Kibe and Kenya Airports Authority's acting Managing Director Alex Gitari. "The airlines have willingly, and with great alacrity and glee, allowed [themselves] to be recruited as agents of impunity and oppression by the Attorney-General and Cabinet Secretary for Foreign Affairs to contravene the Kenya Constitution, Kenya law, the laws of the European Union and international laws including the international aviation law and the human rights law," he says. "The two airlines are subject to the Kenya Constitution and the law because they operate their businesses in Kenya," he explains.