The Director of Public Prosecutions has a filed a motion seeking to bar two lawyers from representing Deputy Chief Justice Philomena Mwilu in a graft case.
Noordin Haji argues there is conflict of interest by counsels
James Orengo and Okong'o Omogeni by them lawyering for the deputy chief justice.
Mwilu is facing charges of abuse of office, failure to pay stamp tax, improperly obtaining Sh12 million from Imperial Bank, and obtaining security for a loan by false pretence.
Her trial was stopped after she
challenged the charges at the High Court. The DCJ and lawyer Stanley Muluvi were to face 13 charges over
monies allegedly received from the collapsed Imperial Bank.
Haji says Orengo - Siaya Senator, and Omogeni - Nyamira Senator, participated in a sitting of the Senate Committee on Justice, Legal Affairs and Human Rights where a petition against Queens Counsel Khawar Qureshi was raised.
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The Senate committee sitting was also attended by the Director of Criminal Investigations, Attorney General, and director of Assets Recovery Agency.
He argues that the two senators raised questions regarding the engagement of Qureshi to represent the DPP in the Mwilu case on December 5 and yet appeared in court on behalf of Mwilu the following day.
"The DPP was asked a number of questions regarding the engagement of Khawar Qureshi to act for and on behalf of DPP in the instant matter...Orengo and Omogeni raised several questions...this was a clear conflict of interest," the application reads in part.
"It is in the interest of justice, fair administration of justice and in the interest of the general public, that the Senators be barred from appearing in Chief Magistrate court ACC No. 33 of 2018, Petition No. 295 of 2018."
Assistant Director of Public Prosecutions Lilian Ogwora has sworn an affidavit to support the DPP's quest.
The DCJ, DCI, Anti-Corruption Court, and Attorney General are named as respondents while Muluvi is named as a respondent/interested party.
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