The trial of Brian Mwenda accused of impersonating a High Court advocate has adjourned until August 16 after the court was informed that the prosecutor was unwell.
The case had been set for hearing before Milimani Chief Magistrate Lucas Onyina but it could not proceed since a senior state prosecutor who is handling the matter was unwell. Three witnesses had been listed to testify in the case.
At the same time, the magistrate ordered an application seeking Mwenda’s two separate cases to be consolidated to be heard on August 16, before setting the hearing of the main case.
The court heard that Mwenda faces another separate case at Makadara law courts similar to the one before the Milimani chief magistrate’s court. So far Mwenda has filed an application seeking to have the two cases consolidated.
Mwenda has since acknowledged receipt of the witness statements from the state ready to proceed with the hearing of the case.
The Law Society of Kenya (LSK) through lawyer Mathew Macharia had sought for an earlier hearing date in the matter.
In this case, Mwenda is charged with making a fake certificate for admission to practice law as an advocate.
He has denied the counts of making a false document, uttering a false document and identity theft.
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 face 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.
The court heard on October 9,2023 at the law firm of Micheka Omwenga and company advocates offices, that the accused person forged a practising certificate for the year 2023.
