BY IRENE ONYANGO.
Law Society of Kenya (LSK) has been allowed to participate in the trial of Brian Mwenda Njagi who was recently charged with forgery and impersonating an advocate.
The lawyers’ umbrella body successfully applied to take part in the trial as a victim.
While allowing the LSK to participate in the proceedings, a Milimani court said the society is an association of natural persons part of whose membership includes each and every advocate appearing in this case each of whom acknowledged that fact.
Further, the court noted that every person or entity before the court has the right to be represented by an advocate of his or her choice.
Therefore , the court said, any party seeking disqualification of any advocate must file a formal application accompanied by a supporting affidavit detailing the reasons.
“It is the parties in the proceedings before the court who appoint Advocates to represent them and once an advocate appears before the court and introduces himself as representing a party to the proceedings before it,the court cannot go beyond that and seek to establish whether a person appearing as an Advocate before it has been properly appointed by the person or entity he/she represents,” the magistrate said.
Equally, the magistrate ruled that there was no evidence before the court with regard to the Advocates appearing on behalf of the law society of Kenya nor with regard to the advocate appearing for the DPP.
In an affidavit sworn by Florence .K.Muturi, the LSK also opposed to Mwenda being released on bail stating that he is a flight risk.
Theuri told the court that despite Mwenda being under investigations, he and Former Nairobi Governor Mike Mbuvi Sonko posted a video on social Media and indicated that they would not attend a police station until Monday 16th or Tuesday 17th.
According to Theuri, this showed that Mwenda had no regard to the law and therefore a potential flight risk.
The prosecutor J.B. Owiti supported the claim saying Mwenda has had a possible huge impact on the public which leads to the questioning of the integrity and sanctity of the country as a humongous bearing not only on the national government but also the national security.
The court will rule on the bail application on Monday and Mwenda will have to spend Mashujaa Day behind bars.
