Director of Public Prosecutions has directed Inspector General of Police Japhet Koome to expedite investigations against ‘fake lawyer’ Brian Mwenda Ntwiga.
DPP Renson Ingonga in a statement Saturday regretted that the legal profession had been infiltrated by imposters warning that Mwenda will be prosecuted if found culpable.
Some of the charges he will face according to DPP, include an unqualified person acting as an advocate contrary to section 31(1) as read with section 31(2)(c) of the Advocates Act, Pretending to be an Advocate contrary to section 33 as read with section 85(1) of the Advocates Act and Identity Theft of Advocates contrary to section 29 of the Computer Misuse and Cyber Crimes Act, No. 5 of 2018.
“In response to the increased cases of this nature, I have directed the Inspector General of the National Police Service (NPS) to undertake expedited comprehensive investigations in respect of the suspected case of identity theft of the said BRIAN MWENDA NTWIGA, among others, with the view to possible prosecution, upon criminal culpability being established,” the DPP said.
Ingonga said upon the receipt of the inquiry file, he shall undertake an independent review of the evidence, guided by the provisions of the Constitution, the relevant statutory provisions and the ODPP Decision to Charge Guidelines, 2019, and give appropriate directions.
“ We shall give an update on this matter as and when the resultant inquiry file is received by the ODPP,” the statement said.
Mwenda has been a trending topic on X since he was unmasked by the Law Society of Kenya for masquerading as an advocate of the High Court. He has been conspicuous in courtrooms where he has handled several cases.
Kenyans including a section of distinguished leaders have stood with him for successfully representing clients in legal matters, claims denied by LSK.
“Allegations that the masquerader Brian Mwenda won 26 cases is false and misleading. There is no factual basis to support the misleading claims. Efforts to apprehend him are in high gear and we are optimistic that he will be brought to book.,” the LSK President said.
Further, the DPP emphasised that the legal profession must be protected at all costs stating that Kenyans expect nothing less than utmost integrity within legal practice.
He added “Imposters pose a serious threat to the practice of law …It is noteworthy that the legal profession is key to the fair administration of justice and peaceful settlement of disputes in our judicial and quasi-judicial institutions. Kenyans therefore expect nothing less than utmost integrity within legal practice”
In a show of solidarity, COTU Secretary General Francis Atwoli said the workers’ body recognises Mwenda’s efforts in line with the principle of Recognition of Prior Learning (RPL) further pushing for a fair examination of his knowledge, skills, and competencies in the field of law.
Former Nairobi governor Mike Sonko has also thrown his weight behind Mwenda.
"I still maintain that my future lawyer Brian Mwenda is innocent until proven guilty. Tuko na yeye huku Mombasani until Monday when we shall present him to the DCI to record a statement."
– Mike Sonko#KBCniYetu ^RO pic.twitter.com/ZfC4zdVcKN— KBC Channel1 News (@KBCChannel1) October 14, 2023
