A Nakuru-based lawyer has been charged in Milimani law court with the offences of forgery and uttering of forged documents which is against the law.
Dennis Kamau Kariuki from Karanja Mbugua Advocates in Nakuru is accused of forging a court order and uttering the same before the Milimani Chief Magistrate Court regarding the miscellaneous application E3074/2024.
The prosecution told the court that on diverse dates between September 26 and October 6, 2024, at an unknown place within the republic of Kenya with intent to deceive and without lawful authority made the said court order purported it to be a genuine court document.
In the second count, he was charged that on September 6, 2024, within the republic of Kenya knowingly and fraudulently uttered a forged court order regarding a miscellaneous application case E3074/2024 which was before the same court purporting it to be a genuine court order issued by Milimani Chief Magistrate’s Court.
He appeared before the Milimani principal magistrate Geoffrey Onsarigo and denied the charges levelled against him.
The defence lawyer submitted before the court that the accused is undergoing mental treatment urging the court to give time before the commencing of the case since he (Kamau) is under 30 days undergoing psychiatric medication,
“Your honour since the accused has taken plea, I pray this court to give enough time before the matter is mentioned since my client is under medication,” the lawyer submitted.
He added that if the court considers giving a pre-trial date within two weeks, he urged the date to be the confirmation of the medical report from the doctor indicating the progress.
He prayed the court to give an order for the accused to be taken to a psychiatric hospital for further check-ups.
The prosecution vehemently opposed the allegations of mental challenge stating that the accused does not have a history of psychiatric problems or any document supporting the allegations.
The prosecutor told the magistrate that the defence lawyer was looking for tactics to delay the hearing of the case and prayed the plea to be taken citing that the matter is criminal like other criminal cases,
“Your honor the defence is looking forward to delay the hearing of the matter since the accused does not have history of psychiatric challenge and these are mere allegations,” the prosecutor said.
He further added that the defence lawyer does not have to ask the court’s permission for psychiatric tests and stated that they have the right to do so whenever they wish.
The defence lawyer had earlier prayed for the plea to be adjourned for what he claimed that the accused had been admitted for 30 days in a medical facility in Westlands.
He was released on a cash bail of Sh 200,000.
The matter will be mentioned on October 3, 2024, for directions.
