Secretary of prosecutions Dorcas Oduor, however, responded by saying their office could be represented by any person of their choice
Haji appointed Qureshi this week to handle high profile graft cases
Senior Counsel James Orengo on Thursday opposed the involvement of Queen’s Counsel Khawar Qureshi in a petition seeking to determine whether DCJ Philomena Mwilu should face criminal charges.
The Siaya Senator argued that Qureshi lacks the necessary documents— certificate of admission — allowing him to practice in Kenya.
He also questioned the DPP’s authority in appointing him, noting that Qureshi has no jurisdiction in challenging Mwilu’s prosecution.
Secretary of prosecutions Dorcas Oduor, however, responded by saying their office could be represented by any person of their choice.
"Our office has right to be represented by anyone of our choice. We will not be ready to proceed if Qureshi isn't part of the team," she said.
Haji appointed Qureshi this week to handle high profile graft cases.
According to the DPP, he was unable to find a suitable candidate thus had to settle on the accomplished legal scholar.
“Taking into account the transnational nature of the offences, the complexity and the special skills required to maintain the integrity of the process, the DPP has deemed it prudent, and has decided to appoint Khawar Qureshi, QC, and his assistants to be consultant and lead prosecution counsel on behalf of the ODPP,” read the notice.
He further divulged that since the cases involved high profile figures, it was paramount for a counsel who would look at the Kenyan law independently.
“In order to ensure transparency and independence in dealing with these cases, to build jurisprudence, to allow pragmatic interpretation of the Constitution and to avoid conflict between the ODPP and the Judiciary, we deem it prudent to engage private foreign counsel to deal with these matters,” noted the DPP.
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