In summary
- Court frees Brian Mwenda on bond terms
- Court found compelling reason to deny the accused bail.
- Mwenad claims LSK President Eric Theuri has bailed him out of cells so many times.
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.
In a new twist, Mwenda sensationally claimed that LSK President Eric Theuri has bailed him out of cells so many times.
In a new affidavit filed in court, Mwenda says Theuri is a personal friend.
Mwenda says he practices as a partner in the firm of Michaeka, Omwenga and Mwenda with Michieka Patroba who is Theuri chief agent in his bid to represent LSK at JSC.
“I actively campaigned for Theuri in his bid for LSK President and he has in turn bailed me out severally from police stations when we were arrested for drinking related issues,” reads court papers.
Through lawyer Danstan Omari, Mwenda says Theuri, the society and council members severally introduced me to unsuspecting citizens as an advocate by taking photographs alongside me.
“LSK should be stopped from denying what they already communicated to the public as the only reasonable cause of action is to investigate the LSK leadership, arrest them and charge then in court for lying to the members of the public,” he said
Mwenda claims that Theuri wants to remain part of these proceedings to ensure that he is not allowed to reveal facts that are detrimental to them since he has a history with him for more than two years.
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He has also questioned the interest in his case arguing that there are several cases of impersonation and LSK has never dealt with the cases as they have this one.
Further he said there are no compelling reasons that may render him incapable of being granted bail.
However, the affidavit has since been withdrawn by Omari claiming Mwenda had instructed him to.
Omari told Chief Magistrate Lucas Onyina the affidavit was likely to bring LSK down and that’s why his client had decided to withdraw it.
