Lawyers representing Deputy Chief Justice Mwilu have opposed the appointment of foreign prosecutor Khawar Qureshi.
On Thursday during a hearing to determine whether the case against Mwilu should proceed, lawyer James Orengo argued that the Director of Public Prosecution has no powers to appoint the British advocate.
“Although the Attorney General has the discretion to do so, he has to do more than writing a letter ….it must have evidence in regards to the role of advocates,” Orengo said.
The Prosecution however maintained that such comments were tantamount to questioning the powers of the AG and the DPP.
Led by Prosecutor Dorcas Oduor, the team questioned if the five-judge bench has the jurisdiction to hear such an application.
“It is our view that the application must take the form of judicial review for an appropriate response,” she said.
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Lawyer representing the Attorney General Immanuel Mbita echoed their sentiments saying the Queen’s Counsel was appointed legally.
Lawyer Orengo then responded citing a case where Solicitor General Njee Muturi ‘was once sent packing when representing a case in London.’
“…..so even here we have the right to do so. We’ve not been shown a certificate ..practising certificate,” Orengo said.
According to him, the Wednesday hearing should proceed in the absence of Qureshi.