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The Law Society of Kenya (LSK) through lawyer Mathew Macharia sought for an earlier hearing date in the matter.
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And as a consequence the magistrate fixed the case for hearing on March 11,2024.
Image: FILE
A Nairobi court has set the trial of Brian Mwenda accused of impersonating a High Court advocate to commence in March next year.
This is after the prosecution told Milimani chief magistrate Lukas Onyina that they had supplied all material evidence to the defence.
The parties appeared in court on Wednesday for pretrial where the defence acknowledged receipt of the witness statements from the state.
Mwenda's lawyer Danstan Omari confirmed to court that the Director of Public Prosecutions has since supplied him with all the evidence material in the case to prove their case.
"I confirm the prosecutor has complied with the court orders and supplied us with all the witnesses' statements and documentary evidence in the case. We seek for a hearing date," Omari told the magistrate.
The Law Society of Kenya (LSK) through lawyer Mathew Macharia sought for an earlier hearing date in the matter.
As a consequence, the magistrate fixed the case for hearing on March 11, 2024.
The pre-trial conference came days after the court ordered the DPP to avail evidence against Mwenda within two weeks for expeditious disposal of the case.
Onyina set the date for the hearing on March 11, 2024.
Two weeks ago, the prosecution prayed for an adjournment stating that they were yet to record statements from their witnesses.
"Your honour, we are not ready for a pretrial today as the investigating officer is yet to conclude recording statements of the witnesses," the prosecution said.
The magistrate agreed with the prosecution and granted them 14 days to record statements.
Brian's lawyer Danstan Omari opposed the 14 days and stated that the matter should start as soon as possible since it is political.
"We would like to have this matter start as soon as possible before the February elections by the Law Society of Kenya," Omari told the court.
"We also oppose the application by the prosecution that the investigations are still ongoing. The complainant witnesses should record their statements in two days. This is a matter of public interest."
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 at the law firm of Micheka Omwenga and company advocates offices, that the accused person forged a practising certificate for the year 2023.