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Justice Roseline Aburili also directed Miguna to appear in court this morning after his lawyers, John Khaminwa and Nelson Havi, filed an urgent suit to compel the Government to allow him to re-enter the country.
Mr Miguna's Emirates flight EK19 will touch down at Jomo Kenyatta International Airport at 2.30pm where he will be met by ODM members led by Senate Minority Leader James Orengo, his family and his legal team that has worked round the clock to secure his return.
According to the lawyer, filling of the documents would also mean that Miguna is illegally in the country and likely to be a trap set by the government.
This was after attempts by Immigration authorities and airport security officials to re-deport him back to Canada via Dubai on Monday failed after the he stood his ground and refused to board an Emirates airline flight.
While pointing out that such evidence can not be exclusively adduced via a sworn affidavit, the judge ordered immigration officials to issue Dr Miguna with travel documents.
Orengo said the officers then took the politician off the plane and briefly held him at airport immigration offices before taking him to a police station in the airport in the early hours of Tuesday.
"We have not denied him (entry), we just need him to follow the process like everybody else", Interior Ministry spokesman Mwenda Njoka told Reuters via phone.
On Tuesday, Joseph Munywoki, Kenyan immigration services director, released a statement saying: "Miguna automatically lost his citizenship in 1998 when he acquired Canadian citizenship at a time when Kenya did not allow dual citizenship, instead of producing the requisite documents he had exited with from Canada".
As the dramatic events unfolded a number of journalists were beaten up by police in an endeavour to stop TV and newspaper reporters and cameramen reporting the scene. More than 100 people were killed in unrest after last year's election.
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