DCJ Mwilu loses battle against Queen's counsel Qureshi

Prof. Qureshi floors DCJ Mwilu in court

Queen’s counsel Khawar Qureshi, lawyer Phillip Murgor, DPP Noordin Haji and deputy DPP Dorcas Odour

British advocate Khawar Qureshi was properly appointed to appear in the proceedings against Deputy Chief Justice Philomena Mwilu, a five-judge bench said.

In the ruling read on Thursday by Justice Chacha Mwita, the bench said they were not convinced Qureshi's appointment was not in compliance with the law as argued by Mwilu's defence.

Justice Mwilu had challenged the appointment of Prof Qureshi, arguing that the appointment was irregular and unconstitutional.

Procedures followed  

During the hearing, Attorney-General Kihara Kariuki defended Prof Khawar’s appointment arguing that all the procedures were followed. 

He said the AG’s powers to make such an appointment cannot be questioned and the court has no authority to substitute those powers.

A letter tabled in court written by Chief Registrar Anne Amadi said there were no other compliance requirements for Prof Qureshi after being issued with a practising certificate.

Nothing Illegal

Ms Amadi wrote the letter on January 14 after Mr Haji, through Secretary of Public Prosecutions Dorcas Oduor, made an inquiry on January 9.

The Attorney-General, through Mr Emmanuel Bita, said Justice Mwilu and her lawyers had failed to point out the illegality in the appointment or how she will suffer if Prof Qureshi is allowed to represent the DPP.

DPP Haji had defended Prof. Qureshi's appointment citing a case at a Kapenguria court in 1952 that involved Mzee Jomo Kenyatta.

The DPP had said he picked the London-based professor through single-sourcing after failing to find a suitable candidate through advertisement.

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