Siaya Senator James Orengo and Nairobi businessman Jimi Wanjigi spent the night at the Jomo Kenyatta International Airport (JKIA) after a nasty encounter with Immigration officers.
The High Court in Nairobi has temporarily lifted the government decision to suspend passports of seven key opposition figures among them NASA strategist David Ndii, Siaya Senator James Orengo and businessman Jimi Wanjigi. "Neither the Director of Immigration Services nor the Department was served with the orders", the statement continued.
The two were scheduled to fly out to Zimbabwe on a 9.20 pm flight in order to attend the funeral of the country's opposition leader Morgan Tsvangirai which takes place on Tuesday.
"While giving the passports back this morning, Kihalangwa knew he had the information and was in possession of the orders", he said.
They said they were informed through a letter dated February 5 that their passports would be suspended or confiscated.
They then called Kihalangwa over the issue and he told them he had not seen the orders.
Seven individuals affiliated to the National Super Alliance (Nasa) have moved to court to challenge a directive that suspended their passports.
He said due to this, the suspension issued earlier was still in force and that the two could not be allowed to proceed with their journey until the copies of the orders are made available.
Justice John Mativo also stopped the government or any immigration official from interfering with their movement in and out of the country, marking their first win in their fight against government plans to curtail their freedom.
He added that airport officials had requested the two opposition supporters to provide the court orders but they failed to do so. "Instead, they showed some writings on their phones purporting those were the Court orders", he said.
Other opposition leaders seeking restoration of the passports include; political scientist Dr. Adams Oloo, Raila's lawyer Paul Mwangi, Dagoretti North Member of Parliament Simba Arati and Henry Mien, a member of the Nasa strategy team.
The opposition leaders argue that the government's suspension of their passports is "unreasonable, grossly heavy handed and unjustified in an open democratic society".