Senior Counsel James Orengo who is acting for Deputy Chief Justice Philomena has objected to queens counsel Qureshi Khawar prosecuting the case.
The senior counsel argued that the Director of Public Prosecution Noordin Haji usurped the powers of the attorney general in making the appointment. He also said that the professor of law from Cambridge University did not have a valid certificate of admission to practice in Kenya.
“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.
He cited a case where Solicitor General Njee Muturi ‘was once sent packing when representing a case in London.’ He argued that Kenya had the right to do the same.
The office of the prosecution led by Dorcas Oduor however said that since Senior counsel Orengo was putting into question the powers of the Attorney general and the DPP, the five judge bench did not have jurisdiction to hear the matter and that the issue should be put through a judicial review.
The prosecution and the lawyer representing the Attorney General reiterated that the appointment of the Queens counsel was legal.
Orengo said that the the defense was ready to proceed with the case in the absense of Queens Counsel Qureshi.
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