In Summary

  • DPP yet to gather evidence in the matter to supply to the defense.
  • The case was coming up for pre-trial hearing
  • Defense claims matter that was hurriedly brought to court because of LSK politics.

The Director of Public Prosecutions has confirmed to the court that they do not have all evidence to supply to the defense in fake lawyer Brian Mwenda’s case.
The DPP  told Chief Magistrate Lucas Onyina that they are yet to gather evidence in the matter to supply to the defense.
The case was coming up for pre-trial hearing so that the defense is supplied with documents and evidence to support the prosecution case.

The prosecution told court that they needed two more weeks before they make full disclosure.

The court further heard that the state needs to get evidence from five institutions against Mwenda which will need time.

However Mwenda’s lawyer Danstan Omari vehemently opposed the application to adjourn the pre-trial.

This matter when the accused was arraigned the LSK represented by full counsel said they had a water tight case and evidence against the accused.The state is admitting now that they don’t have any evidence,” Omari argued

Omari said this was a matter that was hurriedly brought to court because of LSK politics.

“We wanted this matter to start by next week so that the country is able to know the truth before LSK elections. We urge court to reject the application by the state and fix a date for hearing,” he said

It was his further argument that investigations are an ongoing process so they should proceed with those available documents as the state continues to investigate.

READ Also: Brian Mwenda Freed On Bond,Hangs On LSK President Erick Theuri

In a short ruling, Magistrate Onyina allowed the application and directed the prosecution to supply the defense with all documents and exhibits then prepare an inventory before the next mention date.

The case will be mentioned on November 29.

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