The High Court ruled that there was no evidence showing that Miguna had been stopped from returning to the country.
Miguna, who is set to return to the country on Tuesday, November 16, 9:00 am, has accused the government of blocking his return by issuing red alerts against him.
The lawyer, who is now based in Canada, was kicked out of the country over grounds that he had renounced his Kenyan citizenship.
The government, through the Ministry of Interior and Coordination of National Government, asked him to regularise his papers to be allowed into the country.
Lawyer Nelson Havi had vowed to appeal the verdict if Miguna would be blocked from travelling to Kenya.
“The only hindrance for Miguna’s return was the red alerts. We argued the case before Justice Edwin Okundi. If the ruling is in favour, there should be no reason as to why any airline should deny him permission to board,” Havi said.
Havi, former Chief Justice Willy Mutunga and United Democratic Alliance (UDA) Chairman Johnson Muthama urged the government to rescind Miguna’s exile. Mutunga and Havi had planned to travel to Canada to bring the lawyer back to Kenya.