A battle of supremacy evolved when the top Judiciary boss was in trial halting the case just to clarify everybody’s title and authority to be in aswell as out the case.
The entire nation was more intrigued when lawyers for Deputy Chief Justice Philomena Mwilu objected strongly to British QC Khawar Qureshi leading the team for the dirctor of Public Prosecutions.
James Orengo, Okongo Omogeni and Nelson Havi argued that Qureshi was not qualified to practice in Kenya.
But Attorney General Paul Kihara wrote that the DPP could appoint a Commonwealth prosecutor, Qureshi’s appointment was gazetted, he paid his registration fee to the Judiciary and was given a receipt. The court just needed to issue his practicing certificate which should be a formality.
These were the classic delaying tactics employed in Kenyan courts to postpone the day of judgement.
However in a ruling read by Justice Chacha Mwita, the five-judge bench said they were not persuaded that his appointment is a surrender of the Office of the Director of Public Prosecution.
“We are satisfied that his appointment meets the required law…With respect to all the challenges… We are constrained to find that the application is without merit….,” he said.
This means that Qureshi will continue to represent the DPP in the case against DCJ Mwilu.Doyou love the idea of Qureshi being in the case?