The high court on Monday issued a warrant of arrest against alleged fake lawyer Brian Mwenda in a different matter pending at the Makadara Law Courts.
Mwenda had moved to the high court to stop his arrest and prosecution over a pending plea he is supposed to take before a Makadara court relating to masquerading as a lawyer.
Mwenda has already been charged at the Milimani law courts and he is awaiting trial of his case.
Judge Nixon Sifuna issued the warrant of arrest after Mwenda who had filed the application failed to show up virtually in court and his lawyer said he couldn’t get hold of him on phone.
“This court shall not provide refuge for accused persons who are on the run or who are clearly intended on subverting and defeating justice,” the court said.
Justice Sifuna further questioned Mwenda’s lawyer of his whereabouts asking if he knew where his client was.
“The circumstances under which the charges have arisen are serious enough that this court and any other court he is appearing before should not entertain any further drama from him he must take plea on 10th January otherwise this court and the trial court will presume that he is a flight risk and shall pit him as such,” the judge said.
The court said that If Mwenda will not appear, it will order that anyone who sees him should arrest him and take him to the nearest police station.
The judge also said that henceforth even in other matters, all advocates must appear with their clients so that the courts don’t preside over cases of people on the run or in hiding.
He ordered Mwenda to present himself virtually for the hearing of his application the application which shall be heard tomorrow at 9 am.
“I want him to appear in your office so that if he wins the application, we grant him a stay of the warrant if he loses you hold him there until he is arrested. If you release him, you would have subverted the course of justice,” the court directed.
LSK President Eric Theuri who was representing the legal body told court that Mwenda was supposed to take plea in Makadara but he left court claiming he was unwell.
Theuri says they were sitting in court waiting for magistrate to come when Mwenda disappeared and his lawyers called them informing them that he had fallen sick in court and had gone for medical check-up.
He has never taken up the plea or shown up in court but instead he rushed to the high court to stop his prosecution and arrest.
