Deputy Chief Justice Philomena Mwilu will have a great peace of mind heading into the Christmas Holidays after hearing in relation to her Graft case was pushed to next year.
Mwilu had filed a petition at the High Court seeking to stop criminal proceedings against her with the High Court now postponing hearing of the matter to next year.
A Legal showdown was earlier witnessed in the Court with the two legal parties posing objections to the composition of each of the teams.
DCJ Mwilu’s Defence team led by James Orengo had objected the appointment of Foreign Lawyer Khawar Qureshi with Orengo pointing out that DPP Noordin Haji did not have constitutional powers to okay such an appointment.
“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.
On the other hand the DPP submitted that Senators Orengo and Okong’o Omogeni representing Mwilu should recuse themselves from the matter since they enjoy parliamentary privilege and the fact that he is a senators.
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.
Will this case finally run smoothly after todays side shows?