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City lawyer Phillip Murgor on Thursday told a Nairobi court that Director of Public Prosecutions (DPP) Noordin Haji wasted two months of his professional life in the aftermath of a gazette notice declaring him a special public prosecutor.
The matter came up during the murder case where Murgor’s client, Sarah Wairimu, is accused of murdering her husband Tob Cohen.
Cohen's family had argued that Murgor should not represent the suspect because he was a public prosecutor.
The lawyer, who previously served as DPP between 2003 and 2005, hit back, saying he had long resigned from the special prosecutor’s position.
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“I was appointed a public prosecutor through a gazette notice dated 16th January 2019. I undertook that I would not act in any matter where I would go against the DPP for as long as I served in that position. After wasting two months of my professional career, no work was given to me.”
“I found the professional opportunity cost too much to bear and on 7th March 2019, I resigned as a public prosecutor in a letter dated 7th March 2019. Out of my respect for Noordin Haji, I will not read the contents of my letter of resignation but I explained why I found working for his office impossible,” Murgor told the court.
Cohen's family, represented by Cliff Ombeta said the resignation letter was not enough proof that Murgor had ceased being a public prosecutor.
The case is ongoing with Wairimu expected to take a plea, having been subjected to a mental assessment test as ordered by the court.