It’s a huge blow in the face for Senior Counsel James Orengo and the entire defense team for Deputy Chief Justice Philomena Mwilu’s who attempted to stop the office of the Director of Public Prosecution (DPP) from having Queen’s Counsel Khawar Qureshi lead the prosecution in the case against Mwilu.
In an argument raised in court yesterday, Senior Counsel James Orengo said that Mr. Qureshi ought to be barred from representing the DPP, Noordin Haji in the case on grounds that he does not possess instruments such as certificate of admission allowing him to practice in Kenya.
However, Orengo’s nightmare could soon come to pass as the Attorney General Paul Kihara has today allowed Queen’s Counsel Khawar Qureshi to practice as an advocate in Kenya with focus on Deputy Chief Justice Philomena Mwilu graft case.
In a notice, the AG said that Qureshi’s authority to practice is only limited to the above matter and connected proceedings that would arise. However that was not the only terms and conditions given to the ‘foreign counsel.’
Take a look at other terms and conditions that the AG gave Quereshi:
- The Queen’s Counsel Khawar Qureshi is required to maintain a valid practising certificate for the duration of the retainer.
- He is required to pay an admission fee as may be prescribed by the chief registrar of the judiciary.
- He is subject to the disciplinary process as applies to a foreign advocate under the Law Society of Kenya Act during the course of the limited practice in Kenya.
The directive by the Attorney General comes after the DCJ’s lawyers and the prosecution team yesterday engaged in a three-hour stand-off at the Milimani Courts with each side refusing to give in.
DCJ Mwilu is facing corruption charges where she is accused of abuse of office, bribery and failure to pay taxes in relation to the collapsed Imperial Bank.
The DPP’s decision to appoint Queen’s Counsel Khawar Qureshi was on grounds that Qureshi would inject confidence and independence in the case which is considered to be a matter of great public interest.