Brian Mwenda Set Free On Ksh200,000 Cash Bail

Brian Mwenda, a university student accused of impersonating a lawyer and practising law without the required certifications, has been freed on a cash bail of Ksh200,000.

While ruling on the matter, Chief Magistrate Lucas Onyina revealed he had considered the submissions by the prosecution, defence and victims in the case.

Onyina further noted that he agreed with submissions by Mwenda's lawyers that there was no compelling reason to deny the accused bail.

"I therefore release the accused person on a bond of Ksh300,000 or a cash bail of Ksh200,000 with one contact person," the magistrate ruled.

Through his lawyers, John Khaminwa and Danstan Omari, Mwenda dismissed allegations that he might skip court proceedings arguing that he has no reason to get out of the country.

Omari argued that no compelling reasons have been presented before the court to have Mwenda denied bail.

In an affidavit filed before Milimani chief magistrate Lucas Onyina, Mwenda added that he campaigned for Law Society of Kenya (LSK) president Erick Theuri when he sought for LSK president adding that Theuri bailed him whenever he was arrested.

"Theuri has on numerous occasions used his powers as the law society of Kenya president to bail me, Michieka and other friends from different police stations whenever we were arrested for drinking-related issues," he states in his affidavit. 

Mwenda has accused LSK of overstepping its mandate arguing that it's a political season for the society and that there exists cases of impersonation which the LSK leadership has never dealt with in a manner similar to how they are dealing with his.

He alleged that there's evidence of his prowess and skills despite a lack of formal training. Although the circumstances and environment are quite hostile to him presently, he expressed hope in his search for a breakthrough in his career as an advocate.

"LSK should tell this court and members of the public what motivated them to present me as an advocate and if they earned some sort of financial benefit from doing so and when the same stopped. They sought revenge by exposing me," reads his affidavit.

The case will be mentioned on November 7, 2023. Former Nairobi Governor, Mike Sonko revealed in a statement that he managed to pay the cash bail to secure Mwenda's release.

“Lawyer Brian Mwenda has just been granted a cash bail of 200k by the court. As promised earlier, I have already made the payment to the judiciary's account at a local bank via mobile money to ensure he doesn't spend another night in prison. Mungu ni mwema (God is great),” Sonko stated.

The former county boss had previously promised to bail out Mwenda and sponsor him to attend the Kenya School of Law (KSL) for his studies.

Mwenda appeared in court on Wednesday, October 18 in the company of Sonko and Kenya Universities Students' Organisation (KUSO) President Antony Manyara after he was grilled by detectives at the Directorate of Criminal Investigations (DCI) headquarters along Kiambu Road for over 10 hours.

He pleaded not guilty to six charges including identity theft, forgery, and fraudulently acquiring a Certificate of Admission among others.

In the first count, he is charged with intent to deceive, knowingly and fraudulently making a false document namely a certificate of admission p.105/21249/22 in the name of Brian Mwenda N. He allegedly purported it to be a certificate of Admission to practice as an Advocate of the High Court duly issued by the deputy registrar of the High Court.

Mwenda is said to have committed the offence between August 30, 2022, and March 3, 2023, at an unknown place within the country.

He faces another charge of fraudulently uttering a forged certificate of Admission in the name of Brian Mwenda N on March 3, 2023, at the law firm of Mwangi Kiai LLP Advocates offices in Westlands within Nairobi.

The accused was further charged with making a fake practising certificate for the year 2023 in the name of Brian Mwenda N. purporting it to be a practising certificate issued by the chief registrar of the judiciary.

LSK President Eric Theuri earlier accused Mwenda of impersonating a lawyer, stating that he should be jailed to serve as an example to future masqueraders.

Mike Sonko visits Brian Mwenda in police custody on October 19, 2023. /MIKE SONKO