There was drama in Court on Thursday as Senior Counsel James Orengo demanded the eviction of Queen's Counsel Khawar Qureshi.
Qureshi was recently appointed by the Director of Public Prosecution (DPP) Noordin Haji to handle the case of Deputy Chief Justice Philomena Mbete Mwilu.
Opposing the move in court, however, Orengo argued that the DPP has no powers to appoint the British advocate.
"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," the lawyer who is representing the DCJ argued.
In a rejoinder, DPP Haji asked for Senators Orengo and Okong'o Omogeni to be disqualified from Mwilu's case.
The DPP argued that the legislators enjoy parliamentary privileges to question the parties in Senate committees hence their participation would create conflict of interest.
During the hearing to determine whether the case against Mwilu should proceed, the Prosecution opposed Orengo's claims maintaining that such comments were tantamount to questioning the powers of the Attorney General and the DPP.
The Prosecution team led by Dorcas Oduor further put to question the jurisdiction of the five-judge bench in addressing the application.
"It is our view that the application must take the form of judicial review for an appropriate response," Dorcas argued.
Orengo based his application on a case where Solicitor General Njee Muturi "was once sent packing when representing a case in London".
"Even here, we have the right to do so (send Qureshi packing). We’ve not been shown a certificate... practising certificate," Orengo quipped.
Although the AG, through lawyer Immanuel Mbita, maintained that Qureshi was appointed legally, Orengo remained adamant that the hearing should proceed in the absence of Qureshi.
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