Lawyer cites mental health to stall forgery case
Lawyer Dennis Kamau Kariuki in court on Septmber 23, 2024.
A lawyer facing forgery charges was granted a reprieve on Monday when a court postponed the taking of his plea to allow him to undergo a medical examination.
Milimani Senior Principal Magistrate Geoffrey Onsarigo granted relief to lawyer Dennis Kamau Kariuki, who is accused of forging a court order.
Mr Kariuki is charged with forgery and uttering false documents with intent to deceive.
According to the charges filed by the Director of Public Prosecutions (DPP), on various dates between August 23, 2024 and September 6, 2024, at an unknown place in the Republic of Kenya, with intent to deceive and without lawful authority, he made a court order in relation to Miscellaneous Application E3074/2024, purporting it to be a genuine court order issued by the Milimani Chief Magistrate's Court.
He was also charged with knowingly and fraudulently uttering a false document on September 6 contrary to Section 353 of the Penal Code.
When the case was called, six lawyers defending Kariuki sought an adjournment of the case, arguing that he was mentally challenged following the death of his mother and needed to be examined by a psychiatrist.
“We urge this court to defer the plea in this case to enable our client to undergo some medical examination before he can be called upon to answer the charges,” the defence said.
Mr Onsarigo heard from the defence that Kariuki was suffering from depression following the death of his mother a month ago and needed medical attention.
"Your Honour, I urge this court to consider our application for plea deferral for two weeks since the accused mental capacity to follow the proceedings raises some concern,” pleaded a defence lawyer.
The magistrate was persuaded to allow the defence to obtain a medical report from a psychiatric clinic before the accused could be arraigned.
Mr Onsarigo was told by the defence team that the accused was arrested on September 17, 2024 and detained until September 20, 2024.
During his detention he did not have access to medication.
The defence said the accused had been practising law for four years and had never been charged before a court.
Pending a medical examination, the defence team requested that the defendant be released on bond.
"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," a defence lawyer submitted.
The prosecution opposed the application for a postponement, arguing that no documentary evidence had been presented to the court to support the claim that the accused had a health problem.
In addition to the adjournment, the six lawyers made frantic efforts to have journalists thrown out of the court proceedings, arguing that, “there are sensitive issues which need to be canvassed in camera given that the suspect is an advocate of the High Court.”
The move to have the case heard in camera was vehemently opposed by the prosecution saying no medical records have been tendered to buttress the health challenge the suspect may be undergoing through.
In his ruling, the magistrate said there was no substantial evidence presented to justify the court's order for a closed trial. He rejected the request to exclude members of the press and public from the case.
"The plea by the defence to have the proceedings in camera is hereby dismissed," ruled the magistrate.
The magistrate granted the defence's request to adjourn the case to September 26, 2024 for the submission of a report on the accused's medical condition.
Mr Onsarigo released Kariuki on Sh1 million bond with a surety in like sum or alternative Sh200,000 cash bail with two sureties.
The case will come up on September 26, 2024 for further direction.
