DPP, DCJ lawyers battle to retain UK lawyer Qureshi, Orengo and Omogeni in the case

Queen's Counsel Khawar Qureshi at a Milimani high court . He is representing the office of the DPP in a matter where DCJ Philomena Mwilu is accused of forgery, corruption and failing to pay taxes. [George Njunge / Standard]

The Office of the Director of Pubic Prosecutions has defended its decision to appoint a UK-based lawyer to prosecute Deputy Chief Justice Philomena Mwilu’s case.

Senior Assistant DPP Dorcas Oduor yesterday argued before a five-judge bench that Queen’s Counsel Khawar Qureshi was properly appointed and admitted for practice locally as required by the law.

Justices Hellen Omondi, Mumbi Ngugi, Francis Tuiyott, William Musyoka and Chacha Mwita heard that Prof Qureshi did not require to seek admission to the Kenyan Bar because he had already been given the green light to practice law in the UK.

“There is nowhere in law that requires a foreign advocate to seek a work permit to work in the country. It is not being suggested that the DPP acted irrationally. He (Qureshi) was issued with a special pass hence can work in the country. The DPP, in procuring Prof Qureshi, complied with the law,” said Ms Oduor.

The ODPP said its application to bar senators James Orengo and Okong’o Omogeni from representing Ms Mwilu stemmed from the fact that the two lawyers had sat in a committee that grilled DPP Noordin Haji on Qureshi’s appointment.

Conflict of interest

Senior Assistant DPP Alexander Muteti said that the lawmakers had acted in bad faith by failing to declare their conflict of interest when Mr Haji appeared before them last year.

“The feeble argument I hear from the other side is that the two did not ask questions regarding the DPP. We urge the court that their presence is untenable and we do not know when their oversight of the DPP will be during the pendency of these proceedings. It is either they be in this proceeding or the Senate committee and not both,” said Mr Muteti.

Mr Orengo and Mr Omogeni had denied raising questions in the Senate regarding Qureshi’s appointment. The court will deliver its ruling next Thursday.