Director of Public Prosecutions, Noordin Haji, has been embroiled in a court battle with former presidential candidate, Paul Muite, over a case involving the importation of fertiliser believed to contain mercury.
The DPP is of the view that Muite should be disqualified from the case since his interest in the matter that is before the court is conflicted by those of the accused persons he is representing.
The DPP observed that Muite holds a lot of information pertaining to the criminal case facing the accused, Benson Oduor Ngesa and OCP (K) Limited.
Muite is currently on a long-term retainer with the Kenya Bureau of Standards which is at the centre of the case.
KEBS has an interest in the current case facing its former Managing Director Charles Ongwae and eight others, who are charged with attempted murder for importing the fertiliser alleged to contain mercury
“Having acted for Kebs and is still retained by the accused persons is a classic case of conflict of interest which warrants the intervention of the court.
“Muite has had access to the statements of the witnesses who have been lined up by the prosecution hence his knowledge of the victims is now clear,” prosecution counsel Victor Owiti, stated in a fresh application.
According to Owiti, the continued appearance of Muite for the accused persons in the case, with the apparent conflict of interest, is an affront to the administration of justice.
Trial Magistrate Kennedy Cheruiyot told the DPP to serve Muite with application to enable him to file a reply within seven days.
Furthermore, he ordered that the application be argued by inter-parties on April 24, 2019, before the commencement of the main case.
