Court declines to lift arrest warrant against Brian Mwenda
Brian Mwenda Njagi has been directed to appear at the Muthaiga police station before noon today in response to an arrest warrant issued against him by the Makadara Law Courts.
Mwenda stands accused of pretending to be a High Court advocate.
High Court Judge Nixon Sifuna refused to cancel the warrant and instructed Mwenda to appear before the Muthaiga Officer in Charge of the Station by 12:30 pm to be arrested. He will then be brought to court on Wednesday to enter a plea.
The Makadara law courts issued a warrant because Mwenda reportedly did not show up in court for the plea-taking process.
He was to be charged with acting as an advocate.
It is alleged that Mwenda “not being a person qualified as an advocate, appeared in court and represented a suspect in a criminal matter in September last year at the Makadara Law courts” But he allegedly failed never to appear for plea taking.
A warrant was subsequently issued.
He then moved to the High Court seeking to lift the warrant.
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He claimed in his application that he suffered a panic attack while in court at the moment.
However, the judge rejected his request by stating that the warrant had not been issued while Mwenda was present when his case was brought up for entering a plea.
“Had it been issued while the accused was in the dock, I would have held it to have been issued improperly and would have set it aside. But in this case, the said warrant was duly issued,” the Judge said.
The Judge acknowledged Mwenda’s situation in which he reportedly disappeared from the courtroom when the file was being called for plea-taking.
“I find how he hurriedly and dramatically left the court precincts is suspect and bordering on a pre-meditated scheme that this court will neither support nor sanitize,” the Judge said.
The judge directed Mwenda to appear at Muthaiga, stating that if he didn’t comply, any police officer or member of the public who found him could lawfully arrest and take him to the nearest police station.
Court declines to lift arrest warrant against Brian Mwenda