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Mwenda can practice law without training – Makau Mutua

"Abraham Lincoln never went to college although he became a very good lawyer."

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by JAMES MBAKA

News14 October 2023 - 14:12

In Summary


  • Mutua nonetheless advised Mwenda to attend law classes if he wishes  to practice law.
  • Mwenda on Saturday defended himself saying it should be inconceivable for anyone to imagine that all his prowess can be feigned. 
Lawyer and ODM spokesperson Makau Mutua.

Lawyer Makua Mutua has come to the defence of Brian Mwenda amid growing criticism against him for practising law without attending law school.

Makau drew parallels between Mwenda’s escapades in the corridors of justice and great legal minds across the world who practised law pretty well despite having never set foot in a law school.

In a statement on X, formerly Twitter, the lawyer said Mwenda can practice law without going to law school as has activist and Busia Senator Okiya Omtatah done over the years.

"One doesn’t have to go to law school to practice law. Abraham Lincoln, one of America’s greatest presidents never went to college, let alone law school, although he became a very good lawyer through apprenticeship. Robert H Jackson, the Prosecutor of Nazis at Nuremberg, never went to law school, although he became a great jurist," Mutua said.

"He rose to become US Solicitor General, Attorney General, and Justice of the US Supreme Court — the only person to occupy all three offices. So, Mwenda can successfully practice law without going to law school, as has my friend Okiya Omtatah."

Mutua nonetheless advised Mwenda to attend law classes if he wishes  to practice law.

His sentiments were, however, a stark contrast of those of his fellow learned colleague Otiende Amollo.

The Rarieda Member of Parliament  said as much as other leaders sympathise with Mwenda, he might never get to practice law in Kenya.

Otiende said because of Mwenda's alleged impersonation, he can never be admitted to the bar as an advocate of the High Court of Kenya.

"My sympathies go to Brian Mwenda. He may get all the social media support and encouragement from Bro Francis Atwoli and Mike Sonko. Sadly, he can never be admitted as an advocate of the High Court Of Kenya, on account of prior impersonation. Labda ajaribu Uganda ama Tanzania," Otiende said.

Kakamega Senator Boni Khalwale held a similar view via his X handle.

"I can confirm that medical quakery has maimed and killed many unsuspecting patients. Say no to quackery in law, quakery in medicine, and quakery everywhere, whether Atwoli, Mike Sonko, etc, who are supporting Brian Mwenda on social media like it or not," 

Mwenda on Saturday defended himself saying it should be inconceivable for anyone to imagine that all his prowess can be feigned. 

"In the fullness of time, I will be able to clear this misunderstanding as I view it to be. I will also be able to prove my innocence," he said. 

On Saturday, the Director of Public Prosecutions Renson Ingonga directed the Inspector General of Police Japhet Koome to conduct investigations into the allegations.

Ingonga noted that Mwenda's case has been highly publicised terming it as suspected identity theft. 

"In response to the increased cases of this nature, I have directed the Inspector General of the National Police Service to undertake expedited comprehensive investigations in respect of the suspected case of identity theft of the said Brian Mwenda Ntwiga, among others, with the view to possible prosecution, upon criminal culpability being established," the DPP said. 

The DPP added that there has been a spike in the number of cases of unqualified persons acting as, or pretending to be Advocates of the High Court of Kenya. 


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