When news went round that DPP Noordin Haji had sought the services of British lawyer Khawar Qureshi to help nail down DCJ Mwilu, Kenyans lawyers were quick to bash the DPP for what they termed as his disregard for the many brilliant legal minds in the country.
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
We are ready for Queen’s Counsel Khawar Qureshi. Atajua hajui kuna Onyalo Biro Counsel equal to the task.
— Nelson Havi (@NelsonHavi) December 5, 2018
Qureshi will be assisted by three local lawyers. Mwilu has been charged with abuse of office. She is accused of fraudulently receiving Sh12 million from the collapsed Imperial Bank.
Haji’s has said he has faith in local lawyers. This is after Nakuru senator Susan Kihika asked why he did not pick one to prosecute the case.
“On this particular one, we agreed that we needed a special counsel. I had assigned the most senior to handle the matter but there were accusations,” Haji said.
Haji said 18 local lawyers applied to be private legal counsels but only three were picked. The three are Philip Murgor, Ali Taib and James Kihara.
In October, High Court judge Chacha Mwita referred Mwilu’s case to Chief Justice David Maraga asking him to empanel a bench of an uneven number of judges to hear and determine the matter.
Mwita said the petition raises substantial questions and due to its public importance, it is only fair it be heard by a bench.
Do you think that the DPP will finally be able to nail down DCJ Mwilu?