Brian Mwenda (left) and David Nyawade. Mwenda was accused of impersonating an advocate and representing several clients in court while Nyawade was said to have spent 16 years performing vascular surgery using documents that could not be authenticated.
Imagine yourself or a loved one lying on the operating table, eyes slowly closing under the weight of the anaesthesia, ready for a delicate heart operation.
Suddenly it dawns on you that the surgeon who is about to operate on you is not only a fake doctor but also has no academic or professional qualifications.
In another scenario, you find yourself involved in a critical, life-or-death legal issue that requires only the best minds to represent you.
You win the case, but your triumph is abruptly cut short and you are now faced with the possibility of going back to square one, simply because the lawyer is far from what he claims to be.
This is the reality facing the majority of Kenyans thanks to the rampant cases of impersonation that have rocked key and sensitive professions in the country.
Be it the health sector, the legal profession, aviation or even the music industry, Kenyans have seen and heard it all.
Cases of identity theft, and fake academic and professional documents, which seem to have become the norm, have been reported in recent years and 2023 was no different.
But when an individual successfully navigates the system, rises through the ranks and operates as a heart surgeon for nearly two decades without proper medical qualifications,
Or when a person with allegedly no legal qualifications fights it out in the courtroom and wins not one but several cases, it becomes such a dilemma whether to condemn them or applaud them as geniuses.
This is the dilemma that a section of Kenyans have found themselves in following several incidents that have hit the headlines to the extent that they have provoked debate on what exactly is the standard measurement of qualification.
Do we measure a person's qualification by their competence to perform various tasks or by the papers they hold?
Should people who fake jobs and thrive in them for years be punished or given a chance to progress, given the current economic system?
Who is to blame for such vices? Is it the "broken" system of governing bodies and relevant institutions that fail to carry out due diligence, background checks, documents and verifications?
These are some of the questions raised by events that have made headlines this year, prompting calls for urgent professional scrutiny across the country.
Admittedly, the sensitivity of some professions, such as medicine, cannot be overemphasised, as they involve matters of life and death, which is particularly worrying.
As a result, concerns have been raised about the structures put in place by professional and key government bodies to carry out due diligence and verify the necessary qualifications when hiring professionals.
These are the top cases that have made local and international headlines this year regarding individuals working without the required qualifications.
Brian Mwenda at Milimani Law Courts on October 18, 2023 on charges of forging Law Society of Kenya Certificate of Practice as an advocate of the High Court. He faces five more other charges.
He is undoubtedly one of the people who has made the most headlines this year.
In shocking revelations by the Law Society of Kenya (LSK), Brian was accused of impersonating an advocate and representing several clients in court.
When he was arraigned at the Milimani Law Courts in October, he was charged with six counts of identity theft and forgery, all of which he denied.
He was accused of fraudulently using a lawyer's licence issued to a High Court lawyer, Brian Mwenda Ntwiga, to access the LSK's online account by impersonating Ntwiga at an unknown location on August 14.
According to LSK President Eric Theuri, Brian used a scheme called Business Email Compromise (BEC) to steal Ntwiga's identity.
On October 23, Brian was released on Sh200,000 cash bail.
Milimani Chief Magistrate Lucas Onyina, after considering submissions from the victims, defence and prosecution, ruled that there were no compelling reasons to deny Brian bail.
Sharon Atieno
While Kenyans were still reeling from the Brian Mwenda fiasco, another lawyer, Sharon Adunya Atieno, was arrested by police in Nairobi for stealing the identity of a High Court advocate.
Sharon is said to have impersonated Sharon Atieno Obade and used the alias to forge a national identity card and a practising certificate for her illegal business, the LSK said.
Also Read: Do fake lawyers win or ‘buy’ cases?
The developments came as the LSK president, in a press statement issued on October 16, vowed to intensify the fight against persons impersonating lawyers.
Director of Public Prosecutions (DPP) Renson Ingonga has raised the alarm over the increasing cases of impersonation of lawyers in the country.
He warns that the vice not only threatens the practice of law, but also general access to justice.
The DPP explains that “it is contrary to a number of laws of Kenya such as Advocates Act Section 31(1) read with Section 31(2)(c), Section 33 read with Section 85(1) (c) about persons who are unqualified acting as advocates, purporting to be an advocate respectively as well as Computer Misuse and Cybercrimes Act, No. 5 of 2018, Section.”
Mr David Nyawade as seen on a photo he posted on LinkedIn while decked out in maroon scrubs with a stethoscope around his neck, and a notebook in his right hand in 2017.
But the award of the year has to go to David Nyawade Onyango, also known as David Onyango Nyawade.
Before his career came to an abrupt end in October, David was said to have spent 16 years performing vascular surgery using documents that could not be authenticated.
The self-proclaimed medical doctor allegedly practised as a surgeon for nearly two decades without a medical degree.
Vascular surgery deals with a range of complications related to the heart and blood flow, including thrombosis and varicose veins.
It is used to treat diseases of the heart (vascular system) such as lymphatic vessels, veins and arteries, according to the Royal College of Surgeons.
When the Milimani court sentenced quack doctor James Mugo Ndichu, alias Mugo wa Wairimu, to 29 years and six months in prison last November, Kenyans could have been forgiven for thinking that the health sector had finally been rid of such vices.
Mugo was accused of drugging and raping patients at his clinic in 2015.
Chief Magistrate Wendy Micheni found Mugo guilty of the 12 counts he was charged with and said he was a menace to society, especially women.
Come October 17 this year, so many were stunned when the Kenya Medical Practitioners and Dentists Council (KMPDC) announced that it had deregistered one David Nyawade, who had been practising medicine under false pretences.
A notice published by the KMPDC read: “This is to inform the general public that the above-pictured person going by the name of 'David Nyawade Onyango' or 'David Onyango Nyawade' has been deregistered by the Kenya Medical Practitioners and Dentist Council and is hereby prohibited from practising as a medical doctor in the Republic of Kenya.”
“Members of the public are advised against seeking medical treatment from David Nyawade Onyango.”
Nyawade's case brought back memories of another medical practitioner from Nandi County, who was exposed in 2016.
At the time of his discovery in November 2016, Ronald Melly was said to have been promoted to head Meteitei Sub-county Hospital in Nandi County after performing eight critical surgeries at his previous workplace, Kapsabet County Referral Hospital.
In a report presented to the Senate, the then Nandi County chief officer for Health, Edward Serem, listed the patients who had been operated on by Melly.
But the Kenya Medical Practitioners and Dentists Board (KMPDB) quickly denounced the doctor, questioning how he could have performed the operations and run a hospital at the same time.
Melly had not graduated from medical school, nor was he on the 2014 and 2015 graduation lists, University of Nairobi Academic Registrar Bernard Waweru revealed during the hearing of the case at the Kibera court.
While the court charged Melly with several counts of misrepresentation and forgery, this was in stark contrast to his village, which hailed him as a hero, gave him a jubilant welcome and even encouraged him to run for a leadership position in Nandi County.
‘Unqualified’ pilot
In October, Kenya Airways had to explain to the public allegations that went viral online that one of its planes had been flown for about a decade by a pilot who did not have the necessary qualifications.
The national carrier took to its X account to deny the allegations, stating that "the general public is advised to treat this as fake news as no such pilot has ever flown for Kenya Airways".
Ruger wa Kayole
The music industry was not spared either as in September this year, Kenyans lost our very own Ruger wa Kayole.
He had mastered the art of impersonating Nigerian sensation and Afrobeat crooner Michael Adebayo aka Ruger, known for his signature look of wearing a patch over his left eye.
When the celebrated musician was informed that the 'Kenyan Ruger' was actually making money by stealing his identity and even getting event bookings, he was nonchalant.
“I am happy for him and I wish him well. Everyone must eat. The man is just trying to hustle,” the real Ruger said in an interview with the BBC.
“In a way, he is actually promoting my songs. If anything, the songs he is singing are mine and the fans will return to their homes and stream my songs. That is the most important thing.”
