Court to rule whether to allow Orengo, Qureshi in DCJ Mwilu case


Court to rule whether to allow Orengo, Qureshi in DCJ Mwilu case
A side by side image of DCJ Philomena Mwilu (Centre), Senator James Orengo and Queen’s Counsel Khawar Qureshi. PHOTOS| COURTESY

In Summary

  • A five-judge bench led by Justice Hellen Omondi will also deliver a ruling on an application seeking to bar Senator James Orengo and Okongo Omongeni from representing Mwilu.
  • Mwilu, through her lawyers, argues that the DPP did not follow rules stipulated in the Advocate Act, therefore Qureshi’s appointment is null and void.
  • While submitting, Orengo told the court that the argument that the case is of public interest the DPP ought to have appeared before the court in person and argue the case .

A decision on whether or not Queen’s Counsel Khawar Qureshi will represent the Director of Public Prosecutions (DPP) in a graft case against Deputy Chief Justice Philemona Mwilu will be delivered on Thursday, January 24, 2019.

A five-judge bench led by Justice Hellen Omondi will also deliver a ruling on an application seeking to bar Senator James Orengo and Okongo Omongeni from representing Mwilu.

Mwilu, through her lawyers, argues that the DPP did not follow rules stipulated in the Advocate Act, therefore Qureshi’s appointment is null and void.

While submitting, Orengo told the court that the argument that the case is of public interest the DPP ought to have appeared before the court in person and argue the case .

“The directions that we are seeking is that the appointment of Qureshi is irregular and therefore null and void and the gazette notice should therefore be declared null and void,” Orengo told the court.

Similarly, the DPP wants Senator Orengo and Omogeni to recuse themselves from representing the DCJ. The DPP claims that there is conflict of interest by virtue of them sitting in the senate legal committee.

“We are not saying that they should not appear in court but what we are saying is that the two sit in the senate committee and therefore they can’t use that information to advance their interest,” argued State counsel Alexander Muteti.

Muteti submitted that Orengo should either stay out of the parliamentary committee concerning Mwilu’s matter or stay out of the case.

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Story By Dzuya Walter
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