Embattled NRM leader Miguna Miguna is slightly sick in the “tiny, filthy" toilet which is serving as a cell, his lawyer, Cliff Ombeta has said.

Dr Miguna, who has not appeared in court as ordered by a court on Tuesday evening, was on Monday night injured on his left arm during a botched attempt by airport security staff to deport him to Dubai aboard an Emirates plane.

His lawyer, who spoke to the BBC on Wednesday morning said that his phone [Miguna’s] was confiscated, making accessibility to him difficult.

"He is slightly unwell but he is keeping up and we got someone to sneak a phone to him. We spoke to him last night," he said.

Mr Miguna missed a court session on Wednesday morning as ordered by the High Court, even as his lawyers cry foul over sequential ignoring of court orders by the Immigration Department.

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“Your honor, it becomes hard to even litigate for a client who is not in the courtroom. In fact, the respondent should not be granted hearing, until the court orders are adhered in totalia.

You have no business being addressed as your honor when your orders are ignored,” James Orengo, one of the lawyers acting for Dr Miguna told a court session in Milimani Law Courts on Wednesday, after learning of Miguna’s conspicuous missing.

The lawyer noted that whatever Miguna is going through is not a publicity stunt as critics would want to put it.

"Miguna has been given permission to enter the country by the courts," he noted, citing the court order for his client's release without conditions and the government's "intentional" refusal to provide his travel documents.

On Tuesday, the High Court justice Roselyn Aburili ordered the government to immediately release Miguna from JKIA. Miguna, however, on Wednesday morning, issued a statement earlier today saying he was being held incommunicado in a "tiny, filthy" toilet and that he had been denied access to his lawyers, food, water and other basics.