Application to have the Law Society of Kenya recuse itself from being a party in the criminal proceedings of the viral alleged fake Lawyer Brian Mwenda has been revoked by the court.
Brian Mwenda through his Lawyers Danstan Omari, Dr.Khaminwa, Shedrack Wambui among other Lawyers made the application before court saying that LSK in itself is a crime scene and that the presence of the LSK president in the matter would be prejudicial to Brian Mwenda.
Dr. Khaminwa in his part said that if LSK is allowed to participate in the case, the accused person will not be accorded fair trial because the ODPP will be supported by the Law Society of Kenya.
The prosecution objected to the application saying they have ethical standards of handling all criminal matters fairly.
I have considered each of the submissions made by the parties, what the defence raised as a preliminary objection does not meet the prerequisite of a preliminary objection…” ruled Chief Magistrate Lucas Onyina.
The magistrate ruled that the objection of LSK participating in the trial on the basis of not being a natural person lacks merit.
