Sarah Cohen's story is not yet told — Philip Murgor

Lawyer Philip Murgor has been seen on several occasions holding hands with his client, Sarah Cohen, which has elicited mixed reactions.

However, the former Director of Public Prosecutions says it’s purely an advocate-client relationship. He says he had to be there to support Sarah, especially after the public condemnation she faced over the death of her husband, which she still maintains she is innocent of and would want to know the killers.

Murgor, because of his combative nature, has also had a brush with the office of the DPP, following his resignation as a public prosecutor early this year. Star reporter Susan Muhindi recently had a chat with him, and here is an excerpt of the interview.

What is your reaction to the social media buzz over holding your client Sarah Cohen's hand during the initial stages of the murder case?

Sarah is in such a delicate place and I don’t want to be the one who said the wrong thing, but on that particular day, she was walking into a morgue confronted by countless press and paparazzi cameras, and the only reassuring hand was that of her advocate. If the client was an old person or a young child, would the reaction have been the same?  

Lawyers and doctors are professions of a special kind, where it’s expected that your client should have absolute confidence in you and your handling of their affairs. What was captured is what happens every day in court corridors, you just don’t notice it. I heard people say it was okay but others have made nasty remarks, but I chose not to indulge. Sarah’s story is not yet told.  

Senior counsel Ahmednassir Abdullahi recently termed you as the quintessential criminal lawyer. What’s your response to that?

Ahmed and I have our professional engagements, but when we meet each other we have warm handshakes, which is the way it should be. But when we are in court, we go for each other. That tweet was a compliment, which I never expected from the SC. I was, for example, one of the people who said he shouldn’t practise law while he was on the JSC, but I commend him because he doesn’t take things personally; he respects people and takes professional positions. I believe Ahmed was appreciating the commitment of my brief, particularly in the face of such adversity, when he posted that tweet at the height of Sarah Cohen's murder case.

What are the main reasons for your recent resignation as public prosecutor?

I took up the appointment on the clear understanding that there would be several cases involving complex corruption, an economic crime of great public interest, whose prosecution would benefit from my seniority, expertise and experience. But for two months, I was not assigned any prosecution briefs or related legal work. At the same time, I was barred by the terms of the appointment from undertaking any legal works in opposition to the ODPP. The opportunity cost was totally unaffordable to me. In addition, no personal security was provided. It was always one excuse after another. 

Security must be provided by the government for a special prosecutor handling sensitive cases involving persons with a criminal disposition. It is not negotiable. None of the basic conditions were met, and so with no hard feelings, I tendered my resignation. 

What of claims that QC Khawar Qureshi was being given better terms and conditions? 

It is true that QC Quereshi was provided with appropriate terms and conditions for him to discharge his responsibilities. 

My problem with the DPP is the treatment of senior Kenyan lawyers as inferior, and to, therefore, offer them lesser terms and conditions. This is unacceptable. Kenyan lawyers are as good, as if not better than any foreign lawyer, especially with the added advantage of local knowledge and experience. 

What was the DPP’s reaction to your resignation?

The DPP expressed surprise and asked why I took such a drastic step, but I believe he expected me to quit once he failed to deliver on the basic and minimum conditions I had requested. It was a fact that as a former DPP, when I accepted to serve as a public prosecutor, I was making a sacrifice. It meant nothing to me from a career perspective, I was simply trying to support a national emergency in the public interest.

Would you consider a comeback as a public prosecutor?

As advocates, it is our duty to take up legal work from any client, including the government, provided there is no conflict of interest. 

I, therefore, remain open to an engagement with the ODPP as a special prosecutor on an individual cases basis, appointed through single sourcing on the same terms as my professional colleagues Waweru Gatonye and Qureshi QC, who were both afforded appropriate terms, including personal security, while discharging their sensitive prosecutorial duties. 

As of now, I am not a public prosecutor in any shape or form.

Do you consider the DPP to be an important office?

Yes, it is a critical office. In the right hands, and with the right political support and goodwill, it can have a great and positive impact on the nation. Noordin Haji is a great guy and generally means well, but he must find time to go to court to lead prosecution cases of great public interest. In this way, he will earn the respect of the bar and the judiciary. He must not forget that these public appointments come and go, but your professional relationships remain throughout your life.

Haji has never litigated nor prosecuted before the courts, He should, therefore, appear more often in the courts, and acquaint himself with the court practice and procedures, so as to eliminate the glaring disconnect between his press statements and the evidence eventually admitted before the courts in ODPP prosecutions. And most importantly, he will not be misled by his subordinates on what actually happens in court.

What do you consider to be your main achievements while serving as DPP?

Firstly, I was not consulted by President Kibaki before the appointment in May 2013. However, when I finally accepted to serve, I was given carte blanche to reform public prosecutions in the country, which by then was considered dead. 

I was responsible for the reforms that led to the creation of an independent and professional ODPP. During my time, many corruption cases were prosecuted, often with me leading the prosecution.

Why did you choose law; was it your first choice?

Being a lawyer was my first career choice but I have always been in the arts. If I didn’t venture into it, my next top choice would have either been commerce or architecture. But you need to do a lot of maths in the architectural field, which was a weak point for me.  

Did your upbringing contribute to your career choice?

It certainly did. My upbringing was challenging but not in the typical sense, where you talk about lacking school fees, but in the sense of family tensions in a polygamous home. It’s very easy to fall to the cracks and lose the way, but I credit all that to my mother, who was very hard working. She kept me focused and challenged. So eventually, law became one of those things you see the value of in that type of atmosphere.

How do you deal with threats made to you on account of your briefs?

I go public. However, I don’t worry too much about threats. I take them in my strides. It’s important to note that most threats come from bullies and bullies are actually the biggest cowards, and their biggest weapon is to get you running and scared. A recent threat is that of former Gatundu North MP Patrick Muiruri during the late Tob Cohen's burial. 

You were recently nominated for conferment to Senior Counsel. Does this mark the pinnacle of your legal career?

It is subject to formal conferment by the President, but the nomination itself is sufficient for me to say it’s a great honour. I think any lawyer looks forward to that moment in their professional life. I don’t expect it to change my life from a practising point of view, but it’s certainly an honour.

What attracted you to your wife Agnes, and does being married to a Court of Appeal Judge affect your conversations at home?

Agnes is one of the most loving, interesting and tolerant individuals I know. I was instantly attracted to her when I met her in 1986, and we finally got married in 1990. At home, we could make conversations about legal issues, but there are areas we don’t cross. 

Have you considered joining the bench?

No. One member of the family at the bench is more than enough, and that’s Agnes' space. I also don’t think it’s my kind of life. I do arbitration and I find it burdensome. I am more the advocate type, who presents and makes executive decisions. You need a certain kind of patience to listen to all the stuff that’s thrown at you when you are a judge, and then you have to write a judgment. 

Any political ambitions?

I still remain deeply concerned about the destiny of our country. However, I rule out participation in politics by running for office in the near future. I found out that Kenyans don’t need choices, they are stuck in a tribal rut. One day I hope they will liberate their thinking to a higher level and think about their own good for once.  

What genre of music do you listen to, and what do you do in your free time?

I enjoy listening to the old stuff. The Freddie Jacksons and Rand B from the 80s… I read books as well, but when I’m on holiday or away from office. 

What’s on your to-do bucket list?

I have thought about sky diving but I think I am too old for that now. But before the snow on Mt Kilimanjaro melts, I would like to climb it with my dear wife, Agnes. We are all kitted out but we just can’t find the time.

Which leaders do you look up to?

I have unchanging tremendous respect for Nelson Mandela and Barack Obama. Mandela because his magnanimity in how he approached the rainbow country is something you don’t get. Obama because he was truly a statesman. The world took him for granted but today the world realises there needs to be someone like him. 

Any side hustles?

Farming. That’s my principal side hustle. I go to my farm every weekend. I prefer being at my farm rather than clubbing, golfing, etc. I hope by the time I retire, it will be a business that I can carry off. It's actually more than a hustle, it’s a business. Also when I’m stressed or under a lot of pressure, I go to my farm and take a long walk or use my workout machines in my house in Nairobi to release the stress.

Edited by Tom Jalio