An application by DPP Noordin Haji to have Senior Counsel Paul Muite disqualified from representing a trader in a Kebs fertiliser case is a delay tactic, he claims.
Muite is representing Bernard Ngesa, who is accused of importing fertiliser containing mercury.
The Director of Public Prosecutions last month through state prosecutor, Victor Owiti, said Muite had represented the Kenya Bureau of Standards in other disputes and is privy to confidential information and witness statements.
He said this was likely to interfere with the criminal case and there is need for him to be recused from the matter.
But in response, Muite said the claim that he appears on Kebs' list of long-term retained counsels is false.
"I'm not and have never been on Kebs' list of long or short-term retained counsels. No annexures have been placed in court to show the alleged agreement between Kebs and me," he said.
Muite said the correct position is when he was already acting for Ngesa, Kebs engaged him as the lead counsel in a different case relating to sub-standard stamps supplied to the agency by Madras Security Printers Private Limited.
In that case, Madras directors are seeking to stop their prosecution. Muite said his instructions in the case came from the advocates on record for Kebs and not from the Kebs directly.
“Has the DPP suddenly discovered that I also act for Kebs in a different application touching on the firm which they are also a party to?” he asked.
Muite said the application by the DPP has been made with the intention to delay the hearing of the fertiliser case which is prejudicial to his client and other accused persons.
He said the DPP failed to specify the confidential information he has from Kebs which places his acting for Ngesa in conflict with him representing the agency in another case.
Muite said Ngesa has a constitutional right to be represented by a counsel of his choice. Ngesa is charged alongside former Kebs managing director Charles Ongwae with attempted murder for importing the fertiliser alleged to contain mercury.
“If Kebs has changed its mind and does not want me to continue leading its advocates on record in the other case, all they need to do is to let me know and I will immediately cease leading their advocates on record in that application,” he said.
Muite has also denied representing OCP (K) Ltd. The firm is among those listed as accused persons in the case but has never taken plea or participated in the proceedings.
The matter will be heard on Monday next week.
Edited by Pamela Wanambisi
