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BREAKING NEWSCity Lawyer lawyer Conrad Maloba dismantles the prosecution's case as he leads...

City Lawyer lawyer Conrad Maloba dismantles the prosecution’s case as he leads businessman Nazir Bhadurali Jinnah in fighting the impersonation charges

The businessman who was charged with the offence of presenting himself as an advocate of the High Court yesterday defended himself by asking court to acquit him of the offence.

In his defence,Nazir Bhadurali Jinnah told Milimani senior principal magistrate Dolphina Alego that  he has never presented himself as an advocate at any circumstances.
The charges which were filed before the court state that Jinnah had represented himself as an advocate of the high court from Khaminwa and Khaminwa advocates where he proceeded to represent  one Alban Singh in the sale of his property in Mombasa.
Led in his evidence in chief by lawyer Conrad Maloba, the businessman admitted to have known Singh since 2011 and he was introduced to him by a friend to that family.
The complaint was made by Sunny  Birdi Singh son to the businessman Alban Singh where he claimed to have lost money in a transaction that was involving the law firms of Anjarwalla and Khanna advocates and Khaminwa and Khaminwa advocates where the accused posed to work.
He (Jinnah) told the court that he was present during the sale and witnessed the transaction but clarified to the court that he had no specific role for that matter,
“During the purchase and on the money transaction I was present without a specific role since I was a friend to the family,” Jinnah told the court.
He stated that he had never served as an advocate of Khaminwa and Khaminwa advocates although he knew Dr. Khaminwa as a friend where he was introduced to him by Alban Singh since he was his legal representative when he met him.
In another scenario, Sunny Sing claimed that Jinnah represented himself as an advocate of the high court of Kenya in the United Kingdom in a divorce proceeding case.
Jinnah who had been residing in the UK for years told the court that he was invited in the matter by Alban sing to help his son morally during the proceedings,
“I was just there to give Singh moral support during that hard times of divorce without playing another role as an advocate,” he said.
He told the court that the matter was handled by the lawyer from the United Kingdom and he used to attend the proceedings as a friend to the family.
He also stated to have not received any money in those proceedings as a legal fee and what he  was paid was just a facilitation fee.
He denied the claims that he received money from Singh as a legal fee.
The document which was presented before court by the Law Society of Kenya indicated that Jinnah is not an advocate where he supported the document saying he is not an advocate,
“Your honor the document is right, I am not an advocate of the high court,” he pleaded.
The matter will be mentioned on February 26 2024 for further directions.
Earlier another witness, an investigating officer was taken to task for failing to prove the allegations that the suspect impersonated veteran lawyer Dr. John Khaminwa.
 Inspector Eunice Njue  of DIC headquarters was taken to task by the defence lawyer Maloba to prove to the court how Nazir held out himself as an associate in the law firm of Khaminwa and Khaminwa advocates.
Inspector Njue was at pain to explain whether law firm of Dr. Khaminwa had launched any complaint against Nazir,
“Did the law firm of Khaminwa reported any complaint that Nazir was impersonating a lawyer in his law firm?”  Asked Maloba.
In response the officer replied that no complain was reported,
“No, we had not received any complaint from the law firm,” she said.
The lawyer further questioned inspector Njue the basis of the case given that there was no complaint launched, but the officer said she investigated the allegations of impersonation which is the basis of the matter.
The officer told the court that she  only focused on investigating the allegations that the accused was presenting himself as the advocate from the 60 years old law firm,
“Your honor I focused on the allegations of the accused person presenting himself as lawyer from Khaminwa and Khaminwa advocates,” she said.
The defence continued to question the officer whether there was a witness from the said law firm to confirm whether the letter presented before court was genuine from Khaminwa and Khaminwa advocates.
Presented with a letter from the DCI enquiring whether the accused was one of the lawyers in Khaminwa and Khaminwa law firm, Njue stated she did not get in touch with the veteran lawyer Dr John Khaminwa to confirm the position.
Instead, inspector Njue said Khaminwa and Khaminwa wrote a letter to the DCI explaining that,
“Nazir is not a lawyer in our law firm,” stated the letter.


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