- Milimani senior principal magistrate Martha Nanzushi ruled that the prosecution failed to prove to the required standards the case against the accused lawyer
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A Nairobi lawyer who was charged with forging documents to secure the release of an exhibit in a corruption case has been acquitted for lack of evidence.
Milimani senior principal magistrate Martha Nanzushi ruled that the prosecution failed to prove to the required standards the case against the accused lawyer Jack Bigambo.
Nanzushi said the elements of the case were not proven.
In her judgement, the magistrate took issue with the testimony of two advocates Kendi Nkatha Mbatha and Grace Wambui Maina whom she said were Officers of the Court yet they dared to give false information.
In the case, 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.
She further observed that evidence presented before her by the document examiner showed that Kendi Nkatha Mbatha signed the affidavit of Benson Mwangangi Njeru.
The magistrate further ruled that the stamp impression was that of a lawyer employed by EACC as a senior legal officer as well as an investigator.
In the judgement, the magistrate further said the prosecution failed to prove that the affidavit was done by Bigambo and Grace’s testimony was uncorroborated.
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.
“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 Nanzushi.