Revealed: Unquestionable powers behind Qureshi ruling

A Five-judge bench in a Nairobi court has ruled that British advocate Khawar Qureshi was properly appointed to appear in the proceedings against former Deputy Chief Justice Philomena Mwilu.

In a ruling read by Justice Chacha Mwita, the five-judge bench said they were not persuaded that his appointment is a surrender of the Office of the Director of Public Prosecution.

This comes days after the Attorney-General Kihara Kariuki Thursday defended the appointment of Prof Khawar Qureshi to lead the prosecution in a graft case against Deputy Chief Justice Philomena Mwilu.Image result for Kihara Kariuki

Prof Qureshi, a Queens Counsel, was appointed by Director of Public Prosecutions Noordin Haji to handle the case but Justice Mwilu’s lawyers have maintained that he was irregularly appointed and the same is unconstitutional.

According to Mr Orengo, Mr Qureshi could not represent Mr Haji in the case because he does not possess instruments such as certificate of admission allowing him to practice in Kenya.

But making his submissions through lawyer Emmanuel Bita, the AG said the appointment was proper and all the procedures were followed.

He said the AG’s powers to make such an appointment cannot be questioned and the court has no authority to substitute those powers.

Mr Haji had gone ahead to seek disqualification of Mr Orengo and lawyer Okong’o Omogeni, who are both senators, from the case.

Image result for noordin haji profile
The DPP, through Ms Oduor, said the two lawyers sit on a Senate committee which plays an oversights role over the office of the DPP and the Judiciary and, therefore, access crucial information touching on the case before the court.

She accused the two defence lawyers of conflict of interest.

Ms Oduor wondered why the defence team is questioning the appointment of Mr Qureshi yet Mr Haji appeared before the Senate committee and explained the terms of the UK’s lawyer’s hiring.

The case was adjourned to 2pm to allow Ms Oduor consult Mr Haji on whether they can argue the application to allow Fida-Kenya, ICJ-K and lawyer Adrian Kamotho without Prof Qureshi’s input.

Further, Mr Bita said lawyers representing Justice Mwilu had failed to point out the illegality in the appointment.

On his part, the DPP through secretary of prosecutions Dorcas Oduor said Prof Qureshi met the qualifications and there was no evidence that the British lawyer was not qualified.

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