NAIROBI, Kenya, — The Director of Public Prosecution(DPP) Renson Ingonga has directed the Inspector General of Police Japhet Koome to expedite a probe on “city lawyer” Brian Mwenda over identity theft claims.
Ingonga’s statement on Saturday came after the Law Society of Kenya (LSK) disowned Mwenda who has litigated several cases in Nairobi branch saying he was nor a recognized advocate of the High Court, as he claimed to be.
Mwenda was reportedly arrested on Friday to face charges of defrauding clients while posing as a genuine lawyer.
Ingonga said the move is in response to the increased cases of unqualified persons acting as, or pretending to be Advocates of the High Court of Kenya, contrary to the provisions of the Advocates Act, Cap 16 Laws of Kenya (hereinafter, the Advocates Act).
“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 NIWIGA, among others, with the view to possible prosecution, upon criminal culpability being established, ”Ingonga said.
Upon receipt of the inquiry file, the DPP said that his office 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.
Ingonga added that his office will give appropriate directions upon the completion of the inquiry.
He further expressed concern over what he described as widespread instances of identity theft, and or, impersonation of advocates contrary to section 29 of the Computer Misuse and Cyber-Crimes Act, No. 5 of 2018.
The DPP noted that impersonators threaten not only the legal practice, but the larger access to justice.
“Indeed, they pose a serious threat to the practice of law and are likely to have committed various offences under the laws of Kenya,” he added.
The DPP stressed that the legal profession is key to the fair administration of justice and peaceful settlement of disputes in our judicial and quasi-judicial institutions.
He added that Kenyans expect nothing less than utmost integrity within legal practice.
Ingonga appealed to all actors in the justice system to protect the sanctity of the legal profession.
“Accordingly, the Office of the Director of Public Prosecutions, being an institution served mainly by Advocates, undertakes to play its rightful role in the protection of legal practice and the sanctity thereof in the exercise of its mandate under Article 157 of the Constitution of Kenya, 2010 (hereinafter the Constitution), and the ODPP Act, No. 2 of 2013,” he said.
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