Was DPP Noordin Haji out of order by appointing Queen’s Counsel Khawar Quereshi to lead his prosecution team in the Mwilu case?
The DPP has continued to face criticisms for his actions from different quarters with Kenyan lawyers apparently leading the onslaught on him.
Lawyers representing Deputy Chief Justice Mwilu already opposed the appointment of foreign prosecutor Khawar Qureshi.
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.
Orengo’s concerns have now been supported by Senate Majority leader Kipchumba Murkomen who has termed the DPP’s decision to hire Qureshi as totally misguided.
Murkomen has asked the DPP to prosecute the case himself if he mistrusts the Kenyan Lawyers.
“The idea of getting a foreign Advocate to prosecute domestic cases just before our Independence Day is totally misguided. If the DPP mistrusts all the Kenyan Lawyers he should just have led by example and prosecute the case himself,” said Murkomen.
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.
To lead the corruption case facing Mwilu, Director of Public Prosecutions (DPP) Noordin Haji appointed UK-based Queens Counsel Khawar Qureshi, a law professor and an advocate of 28 years.
“He (Khawar Qureshi) is not coming here to handle all corruption cases. He is coming specifically for the Deputy Chief Justice case because it is an important matter of public interest,” said Haji on Wednesday.
Attorney General Paul Kihara already allowed Queen’s Counsel Khawar Qureshi to practice as an advocate in Kenya with focus on Deputy Chief Justice Philomena Mwilu graft case.
In a notice, the AG said that Qureshi’s authority to practice is only limited to the above matter and connected proceedings that would arise. However that was not the only terms and conditions given to the ‘foreign counsel.’
Take a look at other terms and conditions that the AG gave Quereshi:
- The Queen’s Counsel Khawar Qureshi is required to maintain a valid practising certificate for the duration of the retainer.
- He is required to pay an admission fee as may be prescribed by the chief registrar of the judiciary.
- He is subject to the disciplinary process as applies to a foreign advocate under the Law Society of Kenya Act during the course of the limited practice in Kenya.
DPP Haji has also picked three senior lawyers to serve as special prosecutors, believed to also support the Queen’s Counsel in Mwilu’s case.