The number of individuals masquerading as lawyers in Kenya’s justice system is alarmingly high nowadays. Just recently, one Nazir Jinnah, a director of English Point Marina, was fined Ksh. 250,000 by a court in Nairobi for falsely claiming to be a lawyer associated with Khaminwa & Khaminwa Advocates. Based on the court records, Mr Jinnah deceitfully informed Harbans Singh Birdi and Shirin Jiwa that he was affiliated with and a partner at Khaminwa & Khaminwa Advocates.
Investigations have revealed that Jinnah has profited significantly from legal fees by deceiving Kenyan citizens into thinking he is a top-tier advocate in the nation. In a surprising turn of events, it was revealed in court that Jinnah did not possess any formal legal training, leaving the legal community and the entire justice system in disbelief.
A cross-section of Kenyans who may have fallen victim to his legal services as an exemplary lawyer are now pondering over how he could have effectively represented them in court despite lacking any formal legal education. The conspiracy to defraud Mr Birdi and the unauthorized approval of document sales for a prestigious property in Nyari Estate has been confirmed by Milliman Principal Magistrate Dolphina Alego. Jinnah was chosen by Mrs. Nazir to act as her attorney in the real estate transaction and was formally introduced to Birdi. He was introduced as a legal consultant and a partner at Khaminwa & Khaminwa Advocates.
The court was informed by Dr Khaminwa that Jinnah is neither a lawyer nor an associate in his firm, leading to a request for the DCI to look into the matter. The Law Society of Kenya had also lobbied for the imposition of the maximum sentence on Jinnah for personification, which carries a maximum penalty of 5 years. It was decided by the judge that Jinnah had the alternative of serving 18 months in jail or paying Ksh. 50,000 for each of the five charges he had been found guilty of.
The judge, in her ruling, highlighted that the prosecution had successfully demonstrated, beyond any reasonable doubt, that Jinnah deceitfully posed as a member of Khaminwa & Khaminwa advocates with the intention to defraud Birdi from 2013 to 2017.
Returning to the land transaction, the purchaser of the land was required to transfer Ksh. 48.5 million to Mr Shah, who would serve as a trustee and retain the funds for 90 days. After this time, half of the amount would be forwarded to Birdi, while the remaining half would be sent to Jiwa or their designated representatives.
Following the deal, Birdi accused Jinnah of taking Ksh—17 million from his client account. Later on, Birdi found himself embroiled in a legal battle over land ownership in Nyari Estate and turned to Jinnah for legal assistance. Jinnah subsequently engaged the legal services of Khaminwa and Khaminwa advocates.
