When the Director of Public Prosecutions (DPP) Noordin Haji moved to hire seasoned Queens Counsel Khawar Qureshi to help prosecute the high profile cases, Kenyan lawyers bashed him and even challenged the constitutionality of the move.
On Friday, it was battle of wits and intellectual might that saw Counsel Qureshi forced to use same exit as judges out of a Nairobi courtroom following a bitter exchange with defense lawyers.
It all began during hearing of a case at Milimani Anti-Corruption Court in which Deputy Chief Justice Phelomena Mwilu is seeking to block her prosecution over corruption at the law court.
Mwilu was arrested in August 2018,and later arraigned to answer to economic crimes-related charges which included abuse of office, failure to pay stamp tax, improperly obtaining KSh 12 million from the troubled Imperial Bank.
She petitioned the court to transfer her case to be heard before her employer the Judicial Service Commission. In an attempt to prove why his client the Directorate of Criminal Investigations was right to legally instigate legal proceedings against Mwilu, the Queen’s Counsel presented a lengthy submission which often saw him get interrupted by defendant’s 15 lawyers.
Led by lawyer James Orengo and senior counsel John Khaminwa, the defence team put to task Qureshi to be specific on his citations and avoid vague referencing.
The Briton ran into more trouble when he claimed the petitioner had a close relationship with former Imperial Bank managing director Abdulmalek Janmohamed but it was the latter who called the shots.
According to the prosecution team, the friendship between the two was so tight that Mwilu acquired first loan at the bank before opening an account, this is what led to the charges. “The petitioner had a direct line with the managing director.
She is a very privileged individual, who would secure a loan without documentation or interest.
“The relationship between the petitioner and the managing director is not at arm’s length.
In this case, it is the director who called the shots,” he said adding the accused proved her relationship by attending Abdulmalek’s funeral.
Orengo got angry leading to serious at one point when hard-pressed Qureshi was unable to supply the court with any evidence on the allegations prompting defence lawyers to remind him Kenya is a self-rule state and he rather flies back to the UK should he feel unhappy.
“There is no single piece of paper where she negotiated. However, there is evidence on the role the director plays to make it easy for her to get the loan,” explained Qureshi.