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The Immigration Department had filed the case against the former MP, alleging that he was Australian and not Kenyan.
Mr Sirat claims he is a Kenyan citizen and not “an alien.”

‘UNWELL AND ON BED REST’

On Monday, his lawyer said he was “unwell and was on bed rest.”
The former MP recently lost a petition challenging his prosecution, when High Court Judge Grace Ngenye-Macharia compelled him to face the charges.
He had earlier won a temporary reprieve when the High Court indefinitely suspended his trial while his petition awaited a hearing and determination.
In his petition, he had objected to the trial, stating that the criminal case was meant to stop him from pursuing an election petition he had lodged against his political rival, Mr Abdirahman Ali Hassan.
In the criminal case, Mr Sirat had been charged with knowingly misleading Immigration officer, William Okello, that he was eligible for a Kenyan passport by failing to disclose that he was Australian.
The alleged offence was committed on November 29, 2006 at Nyayo House in Nairobi.

MISLEADING INFORMATION
The second count alleged that Mr Sirat was found unlawfully present in Kenya at Nairobi South “C” Estate on May 25, 2008, without a valid pass or permit allowing him to be in the country.
The High Court judge, while dismissing Mr Sirat, stated that “it is only in a criminal trial that it shall be established whether he legally acquired his national Identity Card… it is the outcome of the criminal proceedings that shall determine whether or not be was genuinely registered as a Kenyan citizen.”
“Effectively, evidence must be adduced in respect of whether he gave misleading information leading to his acquisition of Kenyan citizenship,” the judge pointed out.
Mr Sirat had also obtained a High Court order in 2009 quashing a deportation order issued by former Immigration minister, the late Otieno Kajwang’.
Mr Kajwang had then described the politician as “a prohibited immigrant and a threat to national security.”