Nakuru-based lawyer Dennis Kamau Kariuki’s Legal Career in Jeopardy After Forgery Arrest

A Nakuru-based lawyer who has been arrested with forgery accusations has had the charges against him deferred following the defence team’s claims that he has a mental challenge and needs a psychiatric check-up.

The decision comes after a dramatic courtroom confrontation where Dennis Kamau Kariuki‘s legal team compelled the court to have had the proceedings on camera seeking a Magistrate’s order to kick out the journalists.

In convincing the court for deferment of the plea taking, they requested two weeks to have Kamau be taken to Chiromo for a psychiatric assessment to confirm he is fit to face charges.

In their submissions before the Milimani principal magistrate Geoffrey Onsarigo, they said that Kariuki has been undergoing depression following the demise of his mother a month ago,

“Your honour I urge this court to consider our application for deferment of plea taking to two weeks since his mental capacity to face charges is in question,” pleaded the defence lawyer.

The court heard that the accused was arrested on September 17, 2024, and was arraigned in court on Friday last week where he has not accessed any medication.

They also urged the court to have the proceedings be heard in camera for what they cited as sensitivity of the matter considering the accused is the advocate of the High Court.

They explained to the court that the accused has been in legal practice for four years and has never been charged in court,

“Your honour the accused has no previous criminal records and I urge this court to admit him with personal bond due to the issue of mental illness,” the defence submitted.

The prosecution opposed the plea by the defence to have the plea deferred citing that no document adduced before the court in support of their submission,

“Your honour on the issue of the case to be heard in camera I will leave it to the court but the plea to defer the plea taking I object. The defence team has not availed any medical document in support of their claim,” submitted the state prosecutor.

Kariuki who hails from Nakuru is an advocate of the High Court from Karanja Mbugua Advocates.

According to the court documents, Dennis Kamau Kariuki is accused of forgery and uttering false documents with the intent to deceive.

It stated that on diverse dates between August 23 and September 6, 2024, at an unknown place within the Republic of Kenya with intent to deceive and without lawful authority made a court order referring to Miscellaneous application E 3074/2024 purporting it to be a genuine court order issued by Milimani Chief Magistrate’s Court.

He was also accused of uttering a false document contrary to section 353 of the penal code.

The document read that, On September 6, 2024,  the Republic of Kenya knowingly and fraudulently uttered a forged court order referring to miscellaneous application E 3074/2024, purporting it to be a genuine court order issued by Milimani Chief Magistrate’s Court.

In his ruling, the magistrate quoted Article 51 of the constitution about the fair public hearing where the application by the defence to have the proceedings in camera was dismissed,

“The plea by the defense to have the proceedings in camera is hereby dismissed. No compelling reasons given before the court to grant such an order,” ruled the magistrate.

In the issue of mental challenge, the court granted benefits of doubt in favour of the defence and the plea-taking was deferred to September 26, 2024.

In the meantime, he was released on a bond of Sh 1 million with a surety of a similar amount or alternative cash bail of Sh 200,000 with two contact persons.