Court is the mother of so many battles. Legal fights have some of the uniquest angles not to mention a variety of play that are taken by the experts.
The senior counsel argued that the Director of Public Prosecution Noordin Haji usurped the powers of the attorney general in making the appointment.
He also said that the professor of law from Cambridge University did not have a valid certificate of admission to practice in Kenya.
“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.
The High Court responding to lawyer James Orengo, who is appearing for the DCJ and wanted the Queen’s Counsel Khawar Qureshi stopped from prosecuting Mwilu’s corruption case on grounds that he didn’t produce a certificate of practice, granted his prayers.
Justices Hellen Omondi, Mumbi Ngugi, William Musyoka, Francis Tuiyot and Chacha Mwita directed the matter to be heard on January 17, 2019.
The court further directed the defence to file a formal application within 14 days. The DPP was also given a similar period to respond.
Orengo in his fight also cited a case where Solicitor General Njee Muturi ‘was once sent packing when representing a case in London.’ He argued that Kenya had the right to do the same.
The office of the prosecution led by Dorcas Oduor however said that since Senior counsel Orengo was putting into question the powers of the Attorney general and the DPP, the five judge bench did not have jurisdiction to hear the matter and that the issue should be put through a judicial review.
In a battle of wits, Secretary of Prosecutions Dorcus Oduor said the prosecution would apply to have lawyers Okongo Omogeni and James Orengo disqualified from the defence team because as senators, they enjoyed parliamentary privilege to question the DPP in Senate Committees which amounts to conflict of interest.
Orengo however declared that the the defense was ready to proceed with the case in the absense of Queens Counsel Qureshi.
Do you think Qureshi will be allowed to handle the case eventually?