NOT KENYAN

NAIROBI, Kenya, May 8 - The Immigration Ministry maintains that it is justified to charge Wajir South politician Mahamud Muhumed Sirat with being in the country illegally even after two High Court judges declared that he is a Kenyan Citizen.

In a replying affidavit, the Ministry of Immigration claims that despite the fact that Mr Sirat is a holder of a Kenyan Passport, the process of obtaining the document was by way of misleading an immigration officer.

Immigration officer Dume O. Owada says this is a fact and the prosecution will seek to prove it during trial.

Mr Owada stated that while applying for a Kenyan passport, Mr Sirat did not declare that he had acquired citizenship of another country and had traveled using the documents.

The Immigration Ministry is urging the Chief Magistrate’s court to admit the complaint arguing it discloses an offense and wants the court to dismiss the politician’s contention that the charge sheet has been brought in abuse of the court process.

Mr Owada says that Mr Sirat should adduce any evidence to counter the charges before court.

“The application is pre-emptive in nature and the court should not entertain it at this stage as it would be tantamount to putting the cart before the horse. If the accused has any evidence to offer, he should tender the same during the trail when the same shall be subjected thorough cross examination.''

He added: “The charges preferred against him are lawful and an offense is clearly revealed and the only option available to him is to take plea.”

The State has accused Mr Sirat of being in the country unlawfully and misleading an immigration officer.

The offenses were allegedly committed between November 29, 2006 and May 25, 2008 in Nairobi.

Mr Sirat has since refused to plead to the charges and asked the court to deffer plea until an appeal lodged in the Court of Appeal by Wajir South MP Ali Abdirahman challenging his citizenship is determined.

Through lawyer Mutula Kilonzo junior, Mr Sirat claims that the charge sheet dated February 9, 2010 has been brought in abuse of the court process and argues that he is unlikely to receive a fair hearing before the Chief Magistrate’s court in view of the continuing proceedings in the High Court and the Appeal Court over the same matter concerning him.

Mr Sirat has filed an election petition against Mr Hassan who is the siting MP for Wajir South before Milimani Commercial high court judge Luka Kimaru.

Justice Kimaru ordered the petition to proceed to full hearing after he found that Mr Sirat is indeed a Kenyan citizen and dismissed an application by Mr Hassan seeking to have the latter dismissed on claims that he is Australian.

Last year, High Court judge George Dulu quashed a deportation order issued by Immigration Minister Otieno Kajwang on May 23, 2008 after he satisfied the court that he is a Kenyan citizen.