The battle for Supremacy among Lawyers in the DCJ Mwilu’s case seem to get more interesting as the days go by. After claiming to be equal to the task following the DPP’s decision to appoint foreign lawyer Qureshi to help lead his prosecution team, Mwilu’s legal team has again hit out at the DPP’s legal team calling it clueless and somehow confused.
Lawyer Nelson Havi has claimed that the DPP’s legal team is clueless and not aware of the happenings in Court.
“After listening to the State Counsel from the DPP and the AG, I am convinced they honestly require assistance from QC. Fellows have no clue whatsoever on what is happening in Court,” said Havi.
Lawyers representing Deputy Chief Justice Mwilu have 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.
The Prosecution however maintained that such comments were tantamount to questioning the powers of the AG and the DPP.
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.
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.
Should Foreign Counsel Khawar Qureshi be barred from being part of the proceedings in this case?