Lawyers representing Deputy CJ Philomena Mwilu in a petition seeking to determine whether she should face criminal charges have opposed a foreign counsel appointed by Kenya’s public prosecutor Noordin Haji.
Senior Counsel James Orengo on Thursday opposed Queen’s Counsel Khawar Qureshi from representing Mr Haji in the petition to be heard by five judges.
According to Mr Orengo, Prof Qureshi cannot represent Mr Haji in the case because he does not possess instruments such as certificate of admission allowing him to practice in Kenya.
But in reply, secretary of prosecutions Dorcas Oduor said the Mr Haji has a right to pick a lawyer of his choice to represent him in any case.
Ms Oduor said they will be happy to respond to opposition by Mr Orengo if the defence team makes a formal application.
Due to this application the case is set to be heard in January.
The matter is before judges Hellen Omondi, Mumbi Ngugi, Chacha Mwita, Francis Tuiyot, and William Musyoka.
The bench directed the parties to file their documents ahead of January 17 when all preliminary objections will be heard.
Secretary of public prosecutions Dorcas Oduor had told the court that they do not wish to proceed with the case if Qureshi is not part.
“We are disappointed that Orengo has sought fit to raise such misconceived objections to the appearance of an independent Queen’s Counsel who is also a deputy judge of the High court of England and Wales.”
Dorcas told the bench that they will not tolerate any further delay as the interest of justice should be upheld at all times.
The ODPP had requested for January 14 but the court directed that the matter be heard on January 17.
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