The hearing of the case against DCJ Philomena Mwilu’s case started today on a rather wrong note with both legal teams in the case engaging each other in a battle of Supremacy.
DCJ Mwilu’s defence team led by Senior Counsel James Orengo was the first to initiate calls to have the composition of DPP Haji’s legal team looked into.
Orengo and his team opposed the appointment of foreign prosecutor Khawar Qureshi to lead DPP Haji’s legal team.
During a hearing to determine whether the case against Mwilu should proceed, lawyer James Orengo argued that the Director of Public Prosecution has no powers to appoint the British advocate.
“Although the Attorney General has the discretion to do so, he has to do more than writing a letter ….it must have evidence in regards to the role of advocates,” Orengo said.
DPP Haji later responded with the Chief Prosecutor asking the Court to bar Lawyer James Orengo and his counterpart Okong’o Omogeni from representing DCJ Mwilu.
The DPP cited conflict of interest as his main reason for the application to have the two barred.
Haji said that the two should be barred as they are supposed to offer oversight over all public Institutions and also sit in committees that may have privileged Information on matters that are or may end up in court.
The DPP on the other hand made it clear that Senior Counsels in Kenya were not comfortable handling the case and hence is decision to go for Khawar Qureshi.
“All senior counsels were not comfortable with handling the case. It is sensitive and I thought it needed an independent prosecutor,” Haji said.
Queen’s Counsel Khawar Qureshi was hired to specifically lead the prosecution of deputy Chief Justice Philomena Mwilu’s corruption case.
In an apparent swipe to the DPP and his legal team, Kenyan lawyers allied to DCJ Philomena Mwilu led by Lawyer Nelson Havi have hinted that they are not afraid of the Queen’s Counsel. Haji has in fact declared that Mwilu’s legal team is ready for the task head. He has said that Qureshi will end up being shocked.
“We are ready for Queen’s Counsel Khawar Qureshi. Atajua hajui kuna Onyalo Biro Counsel equal to the task,” said Nelson Havi.
Should Orengo and Omogeni be barred from representing DCJ Mwilu?