BRIAN MWENDA: A FAKE LAWYER WHO KEPT WINNING CASES. WON 26 OUT OF 26 CASES.

 A fractious dispute has arisen in Kenya over the validity of a lawyer dismissed as a fraud in some quarters but revered by a growing band of supporters.

Brian Mwenda came to national and international prominence last week when it was claimed he had won 26 cases in court despite not being qualified to appear in the High Court.

Mwenda’s supporters have held him up as a hero who has exposed flaws in the justice system and represented those who might not otherwise have been able to fight their case. But the country's professional regulator, the Law Society of Kenya, released a statement on Friday describing Mwenda as a ‘masquerader’ and a ‘criminal’ who had attempted to use the profile of a genuine advocate to access the organisation’s online system and had misled clients to receive fees from them.

In a story that seems straight out of a Hollywood script Brian Mwenda, a man who allegedly faked being a High Court lawyer in Kenya, has been making headlines.

Mwenda assumed the identity of a legitimate lawyer, Brian Mwenda Ntwiga, by tampering with the Law Society of Kenya’s (LSK) portal. He uploaded his own photograph and claimed to be trained in law, thus gaining access to the legal profession under false pretenses.

Mwenda’s audacity didn’t stop at merely assuming a false identity. He went on to represent clients in various courts, including Magistrates, the Court of Appeal, and the High Court. Reports have it that he had won 26 cases, a claim that added to the sensationalism of his story.

The unraveling of Mwenda’s deception began when the real Brian Mwenda Ntwiga noticed he could no longer access his account on the LSK portal. Upon investigation, it was discovered that his personal details had been altered. This led to an emergency meeting by the LSK to investigate how Mwenda had managed to gain access to the account and assume a real lawyer’s identity.

In October 2023, the LSK’s Rapid Action Team, in collaboration with local police, arrested Mwenda after receiving numerous public complaints. The organization also issued a statement clarifying that Brian Mwenda Njagi (the fake lawyer) was not an Advocate of the High Court of Kenya or a member of the LSK. The investigation on Mwenda has also sparked a broader crackdown on “masqueraders” within the legal profession in Kenya, with multiple arrests being made in different counties.

The arrest of Mwenda has raised significant questions about the integrity of legal systems in Kenya and the measures in place to prevent such deceptions. It has also highlighted the vulnerabilities within professional regulatory bodies and the need for stringent verification processes.

Brian Mwenda Njagi was on Wednesday arraigned and charged with six counts of uttering a false document, making a false document, as well as a practicing certificate.

He pleaded not guilty to all the charges before Nairobi Chief Magistrate Lukas Onyina.

His lawyers, led by John Khaminwa and Danstan Omari had earlier objected to the Law Society of Kenya (LSK) appearing in court, saying the entity cannot be a victim in the suit.

While Mwenda ended up behind bars, his story went viral. Until his arrest, he used social to defend himself from the LSK, claiming his actions helped citizens who could never afford expensive lawyers.

But come to think of it, would Mwenda have been caught if he was a Nigerian? Aren't there some Mwendas in Nigerian courts? Are all those guys wearing wigs and gowns hanging around court premises really lawyers? Is there a system in place for sieving the wheat from the chaff?

Mwenda committed a crime but helped some others get justice.

Depending on the way you see it, Brian Mwenda was either a villain or a Hero.