The Director of Public Prosecutions, Noordin Haji, officially revoked the appointment of lawyer Phillip Murgor as a public prosecutor in a gazette notice dated November 15.
The lawyer's status as a public prosecutor was the subject of debate during Sarah Wairimu's trial for the murder of Dutch tycoon Tob Cohen.
Murgor was appointed to the role of a public prosecutor in January 2019 and was to serve for two years.
On March 27, Murgor tendered his letter of resignation as public prosecutor two months after his appointment.
Lawyer Cliff Ombeta on September 26 had urged Justice Stellah Mutuku to bar Murgor from representing Wairimu since his appointment had not been revoked through a gazette notice.
“The letter of resignation was accepted and receipt of the same acknowledged. He has also been attending to other court matters,” the court ruled.
Senior assistant DPP Catherine Mwaniki had also notified the court that they were still in the process of degazetting the appointment.
“My view is that no person should be forced to remain in office once they have chosen to resign from that office. The publication of the gazette notice is meant to inform the public and has no bearing on the resignation,” Justice Mutuku stated.
“I find that Murgor is properly before this court,” she added.
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