Magistrate blasts lawyer and EACC legal officer for lying in forgery case
The magistrate took issue with the testimony given by the two against an advocate.
What you need to know:
- Magistrate takes issue with the testimony given by the two against an advocate.
- Two give false information about an advocate despite being officers of the court.
A magistrate has blasted two lawyers, including a senior legal officer at the anti-corruption agency, for attempting to cheat court when they testified against an advocate charged with forgery in a graft case.
Milimani senior principal magistrate Martha Nanzushi put on the spot advocates Kendi Nkatha Mbatha and Grace Wambui Maina of the Ethics and Anti-Corruption Commission (EACC) while acquitting lawyer Jack Bigambo charged with forging a stamp impression of Wambui.
Ms Nanzushi took issue with the testimony given by Wambui and Nkatha who “dared to give false information about Bigambo” despite being officers of the court.
Ms Nanzushi acquitted Bigambo after she ruled: “The prosecution has failed to prove to the required standards the case against the accused lawyer herein-Jack bigambo.”
She said the elements of the case were not proven and that the stamp impression belonged to Wambui.
“The stamp impression subject of the case was that of Grace Wambui Maina, employed by EACC as a senior legal officer as well as an Investigator.”
The magistrate said Wambui had given her stamp to her former colleague- Kendi Nkatha Mbatha, and that EACC had allowed them to conduct private business where she gave her stamp to Nkatha.
“Indeed her stamp was out there and in possession of her former colleague (Kendi) and she is the only one who can tell who signed the documents,” noted Ms Nanzushi.
“Evidence in court places the stamp with Kendi Nkatha Mbatha.”
In her testimony, the magistrate said the complainant (Wambui) said she was employed by EACC in 2015 but used to commission documents with her stamp.
Before joining EACC, Wambui and Nkatha were employed by Muthoga, Mature & Company Advocates law firm. They worked for six months in 2013.
Wambui was admitted into the bar on November 18, 2011 and signed her roll in March 2015.
Wambui told the court that although she does not know Bigambo, while still in employment with EACC, she could use her stamp to sign documents, do sale agreements, transfers of personal property and purchase properties for a few friends “not related to her work.”
Nkatha told the court she knew Bigambo as a lawyer and friend to her former colleague Anthony Singe, but “did not know if he had a law firm”.
She added that she knew Wambui used to commission oaths by embossing her stamp and had been friends for 10 years.
In his defence, Bigambo told the court that Dennis Karunga drew the affidavit seeking to secure the release of a motor vehicle impounded by EACC belonging to Benson Mwangangi Njeru.
Karunga took the affidavit for commissioning at the law firm of Mbatha & Magua where Nkatha was a partner.
In her judgment dated July 18, Ms Nanzushi said Bigambo used to take documents for commissioning for five years at Mbatha & Magua Co. Advocates.
The document was commissioned by Nkatha using the stamp of Wambui, then signed it.
Bigambo was charged two years ago with forgery of a stamp impression in the name of Grace Wambui Maina Advocate and Commissioner of Oaths on February 10 2022.
The charge further indicated the said stamp impression was used to commission an affidavit that was presented before Anti-Corruption High Court judge Esther Maina for the release of a motor vehicle KCB 717H, a Toyota Prado, of Benson Mwangangi Njeru.
Justice Maina ruled: “There is no cogent evidence to support the allegation that the affidavit seeking to release the vehicle to Njeru was a forgery as alleged by EACC.”
EACC had opposed the release of the vehicle claiming the affidavit by Njeru was a forgery by Bigambo.
The said vehicle had been impounded by the EACC and Njeru charged with being in possession of an illegal firearm at the Makadara Law Courts.
Mwangangi, who instructed Bigambo to secure the release of the high-end vehicle, also informed him that the EACC Officers took away his firearm and title deeds.
Ms Nanzushi said Bigambo met Mwangangi at Java Capital Center then he asked him to swear an affidavit in support of the application before Justice Maina to release the vehicle KCB 717H.
Mr Bigambo, the court observed, instructed his associate Dennis Karunga to prepare the affidavit of Mwangangi, which he did.
“The affidavit was commissioned at the law firm of Magua and Mbatha,” Ms Nanzushi observed, noting that evidence presented before her (3ab) by the document examiner showed that Nkatha signed the affidavit of Mwangangi.
Ms Nanzushi said the prosecution failed to prove that the affidavit was done by Bigambo and that Wambui’s testimony was uncorroborated.
Ms Nanzushi observed that Wambui was an employee of the government and earning a non-practicing allowance she was allowed by EACC to conduct private practice business.
The magistrate said: “This was and is not the true position.”
Ms Nanzushi acquitted the accused as per Section 215 of the Criminal Procedure Code in all four counts of forgery, giving false information to a person employed in public service, and perjury.
She ordered the cash bail of Sh100, 000 deposited by the accused be returned to him.
“The prosecution has failed to prove the document was indeed done by Bigambo and is hereby acquitted in all the four counts as per Section 215 of the CPC,” ruled Ms Nanzushi.
Bigambo told Nation on July 18 that he was happy justice had been served, although the case affected his practice, thus losing a good client.
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