Court allows Queen’s Counsel Qureshi to prosecute Mwilu case

The High court has cleared Queen’s Counsel Khawar Qureshi to prosecute Deputy Chief Justice Philomena Mwilu over corruption-related case.

The Court ruled that the British lawyer was properly appointed to appear in the proceedings against Deputy Chief Justice.

In a ruling read by Justice Chacha Mwita, the five-judge bench said they were not convinced by the petitioners’ argument that his appointment is a surrender of the Office of the DPP.

The ruling means that Qureshi will continue to represent the DPP in the corruption case against DCJ Mwilu.

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The Judges also dismissed an application seeking to bar Senators James Orengo and Okong’o Omogeni from representing DCJ Mwilu.

Justices Mumbi Ngugi, William Musyoka, Francis Tuiyot, and Chacha Mwita ruled that there was no evidence to show the conduct of the two are acting in conflict of interest.

The Office of the Director of Public Prosecutions had sought the two barred from representing Mwilu, citing conflict of interest as they sit on the Senate Justice and Legal Affairs Committee.

DPP Noordin Haji appointed Khawar Qureshi last December to lead the prosecution of high profile corruption cases.

In a notice issued the DPP said he had decided to appoint a special prosecutor through single sourcing after advertising for private legal counsel and being unable to find suitable candidates due to the unique nature of requirements and complexity of cases.

“There are a number of cases of great public importance involving state and public officers. In order ensure transparency and independence in dealing with these cases, to build jurisprudence, to allow for pragmatic interpretation of the Constitution, and to avoid conflict between the ODPP and the Judiciary, we deem it prudent to engage private foreign counsel to deal with these matters,” the office said.

Haji has expressed his commitment to fighting corruption noting that everyone is equal before the law and will impartiality prosecute all crime.

“For the Love of my Motherland, My resolve is undeterred, my commitment is unwavering and my dedication to fighting corruption is unshaken,” the DPP who was speaking in Mombasa Tuesday said.

Who is Khawar Qureshi

Professor Khawar has taught commercial law at  Cambridge  University,  Public  International Law at Kings College London, and was appointed a visiting professor in Commercial Law in the University of London in 2006. He was appointed a Deputy High Court Judge in 2013 and is a bencher in middle temple.

Professor Khawar’s areas of expertise include Commercial Litigation, Public International law, Arbitration, Administrative, and Public Law and human rights. He has consistently been recognized by the legal directories as a leading advocate who has made extensive appearances, for and against more than 60 governments internationally.

Khawar was an “A” Panel UK Government Treasury Counsel from 1999-2006.

He has been Chairman of TheCityUK  Legal  Services Group which is designated by the UK Ministry of Justice as the lead organization to promote  UK legal services internationally.

He practices Public International Law in many Commonwealth Countries.