Brian Mwenda who is accused of impersonating a High Court advocate has asked a Nairobi court to release him favorable bail.
Through his lawyers John Khaminwa and Danstan Omari, Mwenda claims that the allegations that he might abscond court proceedings are false 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 says that he campaigned for 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 adding that there exists cases of impersonation and the LSK leadership has never dealt with the said cases and participation the way they are dealing with his.
He says 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 is adamant in his search for a breakthrough in his career as an advocate just like the common law developed in Kenya after independence despite the harsh tribal and colonial rule.
"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 magistrate will rule on his bail at 4pm.
He had initially said he would deliver his bail on Tuesday morning.
On Thursday last week, a Nairobi court allowed the Law Society(LSK) to be part of Mwenda’s case.
In a ruling delivered by Milimani chief magistrate Lukas Onyina ruled that being a victim cannot just be a natural person as alleged by the defence lawyers.
He said Mwenda through his lawyers should make a formal application detailing with evidence why advocates or LSK cannot represent in court.
Mwenda was on Wednesday charged with making a fake certificate for admission to practice law as an Advocate.
He denied six counts of making a false document, uttering a false document and identity theft.
