The Director of Public Prosecutions Renson Ingonga has directed the Inspector General of Police Japhet Koome to probe Brian Mwenda for impersonating a lawyer.
Ingonga on Saturday said the case has been highly publicised and could be a case of identity theft.
The DPP noted that there has been an increase in the number of cases of unqualified persons acting as, or pretending to be Advocates of the High Court of Kenya.
“In response to the increased cases of this nature, 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 Ntwiga, among others, with the view to possible prosecution, upon criminal culpability being established,” the DPP said.
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Upon the receipt of the inquiry file, he said, 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 and give appropriate directions.
“We shall give an update on this matter as and when the resultant inquiry file is received by the ODPP,” Ingonga added.
Ingonga noted that all the actors in the justice system are required to protect the sanctity of the legal profession.
The DPP also stated that there have been 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.
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“We have had one who was allegedly operating a law firm in Thika and another who allegedly pretended to be an advocate and operated under a law firm,” Ingonga said.
“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.”
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