Nairobi, Kenya – A court in Nairobi has dismissed charges against lawyer Jack Bigambo, who was accused of forging judicial documents to facilitate the release of a vehicle impounded in a corruption investigation. The court ruled that the prosecution failed to provide sufficient evidence to support the allegations.
Senior Principal Magistrate Martha Nanzushi presided over the case and concluded the lengthy trial by criticizing the reliability of the testimonies provided by two fellow advocates, Kendi Nkatha Mbatha and Grace Wambui Maina. Nanzushi highlighted that despite their roles as officers of the court, their testimonies did not meet the requisite standards of truthfulness.
The allegations against Bigambo began two years ago when he was formally charged with the forgery of a stamp purported to belong to Grace Wambui Maina, a recognized advocate and commissioner for oaths. The indictment detailed that the forged stamp was used on an affidavit that was subsequently presented to Anti-Coronavirus High Court Judge Esther Maina to secure the release of a Toyota Prado, registered as KCB 717H, owned by Benson Mwangangi Njeru.
During the proceedings, it was reported that the affidavit had been instrumental in a court decision by Justice Esther Maina, who originally ruled that no compelling evidence supported the claim that the affidavit was fraudulent. The Ethics and Anti-corruption Commission (EACC), which opposed the vehicle’s release, had maintained that the document was falsified by Bigambo.
The case sheds light on the ongoing challenges within Kenya’s judicial system concerning the integrity of legal processes and the credibility of court officers, including advocates. Cases of document forgery involving legal professionals alarmingly undermine public trust in the justice system, emphasizing the need for stringent oversight and ethical compliance among legal practitioners.
This acquittal also raises concerns about the effectiveness of the prosecution in handling cases tied to corruption and judicial integrity. It underscores the critical need for thorough investigations and the gathering of irrefutable evidence before levying serious charges such as forgery.
The decision to acquit Bigambo not only relieves the lawyer of the criminal charges but also prompts a broader discussion on the measures necessary to prevent such incidents in the future. Advocates and legal experts suggest that this case could serve as a catalyst for reforms aimed at enhancing transparency and accountability within the legal framework, particularly in cases involving alleged corruption and forgery.
Furthermore, this outcome may influence future proceedings in similar cases, where the burden of proof invariably rests heavily on the prosecution. Legal professionals and advocates for justice reform are watching closely, hoping this case will encourage greater diligence and integrity in both the pursuit and administration of justice in Kenya.