Should Foreign Lawyer Khawar Qureshi lead the DPP’s prosecution team in DCJ Mwilu’s case? Justice Philomena Mwilu’s defence team has openly protested the move to have the lawyer play any part in Mwilu’s case.
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.
DCJ Mwilu is opposed to her prosecution claiming ill motive and holding that any complaints against her should be pursued through the Judicial Service Commission. But she is a member of the commission.
To lead the corruption case facing Mwilu, Director of Public Prosecutions (DPP) Noordin Haji appointed UK-based Queens Counsel Khawar Qureshi, a law professor and an advocate of 28 years.
“He (Khawar Qureshi) is not coming here to handle all corruption cases. He is coming specifically for the Deputy Chief Justice case because it is an important matter of public interest,” said Haji on Wednesday.
Qureshi has practiced commercial litigation, international arbitration, public international law, as well as administrative and constitutional law.
DPP Haji has also picked three senior lawyers to serve as special prosecutors, believed to also support the Queen’s Counsel in Mwilu’s case.