On Thursday lawyers for Deputy Chief Justice Philomena Mwilu objected strongly to British QC Khawar Qureshi leading the team for the Director of Public Prosecutions.
James Orengo, Okongo Omogeni and Nelson Havi argued that Qureshi was not qualified to practice in Kenya.
But Attorney General Paul Kihara has written that the DPP can appoint a Commonwealth prosecutor, Qureshi's appointment has been gazetted, he has paid his registration fee to the Judiciary and been given a receipt. The court just needs to issue his practicing certificate which should be a formality.
These are classic delaying tactics employed in Kenyan courts to postpone the day of judgement.
Possibly Kenyan lawyers want a closed shop that makes it difficult for an expert from the Commonwealth
to come in for special cases. Possibly the defence fears Qureshi's ability in court. Possibly the legal fraternity is closing ranks to protect its own.
But the defence should challenge the prosecution case in court rather than dodging the battle on technicalities.
Let Qureshi and his team argue matters out with Mwilu's team. Let the court decide whether the DPP's case against the DCJ has merit. The court should issue Qureshi with his practicing certificate immediately.
Quote of the day: "There are two kinds of light - the glow that illuminates, and the glare that obscures."
The American humorist was born on 7 December, 1894
