James Orengo has just re-affirmed his credentials as a senior counsel after beating the Queen’s Counsel Khawar Qureshi in a battle of titans. The two heavyweights faced off in a case against DCJ Philomena Mwilu.
Last year, DPP Noordin Haji opened a case against Mwilu. She was charged with misuse of office, bribery and failure to pay taxes in relation to the collapsed Imperial Bank.
The DPP controversially hired the Queen’s counsel as the lead lawyer on the case, prompting an uproar from the law society, who wondered why he did not seek a local lawyer. But this paved way for a titanic battle between the two legal heavyweights.
But we can now conclude that Orengo has emerged tops in the battle, after ensuring that his client is not charged over the corruption allegations.
On Friday, a 5 Judge bench ruled that the DCI erred in the way he collected evidence against Mwilu.
Justices Hellen Omondi, William Musyoka, Mumbi Ngugi, Chacha Mwita and Francis Tuiyot said that the DCI violated Mwilu’s rights to privacy.
"We shall revisit."
This is what DCJ Mwilu is going through. They dug for her skeletons found one. Pressed. It's not that they did not know of these things when appointing her DCJ.
— Daniel Ominde Okoth (@IamOminde) May 31, 2019
“DCI’s way of obtaining the evidence has irredeemably rocked the foundation in which the charges stand,” they held.
The courts however did not find fault in the office of the Director of Public Prosecution’s (DPP) decision to prosecute the DCJ Mwilu but said that the evidence that they relied upon was illegally obtained.
Hii kiherehere ya DCI na DPP will make them not to win even a single case DCJ Mwilu won 10-0
— Josephat Kamau (@MwanaNyembe) May 31, 2019
The court, however, dismissed claims by the defence team claiming that the charges levelled against the DCJ Mwilu were defective as they lacked a complainant. The Judges held that the Republic could also be a complainant and therefore the prosecution’s intention to prosecution was legal and factual.
"DCJ Mwilu" Despite spicing and reinvigorating the case by calling in the queens counsel, the event has turned out to be more of a fishing expedition and a rubber stamp to the famous we shall revisit statement??
— Tijey (@Tijey5) May 31, 2019
Mwilu opposed to her prosecution claiming ill motive and holding that any complaints against her should be pursued through the Judicial Service Commission.