A Nairobi court has ordered the criminal case facing Brian Mwenda accused of falsely presenting himself as a High Court lawyer to be heard on March 11, 2024.
Milimani Chief Magistrate Lucas Onyina fixed the hearing date after Mwenda's lawyer Danstan Omari confirmed to the court that the Director of Public Prosecutions (DPP) Renson Ingonga has since supplied him with all the evidence material in the case to prove the case.
"I confirm the prosecutor has complied with the court orders and supplied us with all the witnesses' statements and documentary evidence in the case. We seek for a hearing date," Omari told the magistrate.
The Law Society of Kenya (LSK) through lawyer Mathew Macharia sought for an earlier hearing date in the matter. As a consequence, the magistrate fixed the case for hearing on March 11, 2024.
The pre-trial conference on Wednesday, November 29, 2023, came days after the court ordered the DPP to avail evidence against Mwenda within two weeks for expeditious disposal of the case.
The court had granted the Prosecution 14 days to avail the evidence to Mwenda after the DPP had informed the court he was yet to get evidence from five institutions.
Mwenda through lawyer Danstan Omari sought to be freed since the prosecution had no evidence to offer in the case.
Omari said since his client was charged, no evidence has been furnished to the defence regarding the charges filed against him.
"This was a matter hurriedly brought to court purely for politics of the Law Society of Kenya.. it is shocking that the DPP is yet to get evidence in the matter since the accused person was charged two weeks ago. Since it is clear that the state has no evidence so far we seek to have the accused discharged," Omari said.
The lawyer protested the manner in which the Prosecution is conducting the case given that they rushed to charge Mwenda without completing investigations into the allegations of falsely presenting himself as an advocate of the High Court.
In the case charged with six counts of impersonation, uttering a false document, making a false document, as well as a practising certificate.
