Lawyers representing Deputy Chief Justice Philomena Mwilu have opposed the appointment of foreign prosecutor Khawar Qureshi.
During the Thursday morning 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 argued 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.
The AG through lawyer Immanuel Mbita said that Qureshi’s appointment was legal.
Lawyer James Orengo then argued that they have not been shown Qureshi’s practicing certificate.
“…..so even here we have the right to do so. We’ve not been shown a certificate ..practising certificate,” Orengo said.
Mwilu obtained High Court orders stopping her prosecution before the DPP asked the Chief Justice to set up an expanded bench to determine if she is immune from prosecution