DPP Noordin Haji on Wednesday confirmed that Queen’s Counsel Khawar Qureshi was hired to specifically lead the prosecution of deputy Chief Justice Philomena Mwilu’s corruption case, but why was he hired?
DPP Noordin Haji has gazetted Khawar Qureshi QC as a special Prosecutor to prosecute DCJ Philomena Mwilu Anti Corruption case and Naylor Mukofu to prosecute cases related to Anti counterfeit #AntiCorruption_ODPP pic.twitter.com/z75CvjFhR4
— ODPP_KE (@ODPP_KE) December 5, 2018
According to DPP Haji, Mwilu’s case is high-profile and of great public interest.
Mwilu has been charged with abuse of office. She is accused of fraudulently receiving Sh12 million from the collapsed Imperial Bank. But now, Haji argues out that no senior counsel was ready to take up the case!
“All senior counsels were not comfortable with handling the case. It is sensitive and I thought it needed an independent prosecutor,” Haji said.
He was responding to questions from the Legal, Justice and Human Rights committee chaired by Nandi senator Samson Cherargei.
The DPP was accompanied by Attorney General Paul Kariuki, director of Assets Recovery Agency Kimani Muthoni, DCI George Kinoti and top officials from the Ethics and Anti-Corruption Commission.
Haji said he has faith in local lawyers after Nakuru senator Susan Kihika asked why he did not pick one to prosecute the case. Lawyers have also opposed the move to hire Qureshi.
“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.
The application for empanelment was filed in court on September 7 by the Office of the DPP.
Haji wants the bench to determine whether it can commence criminal proceedings against a sitting judge without violating the Constitution.