The high court has ruled that British advocate Khawar Qureshi is fit to prosecute Deputy Chief Justice Philomena Mwilu.
A five-judge bench said Qureshi was properly appointed to appear in the proceedings against Mwilu.
“We are satisfied that his appointment meets the required law…With respect to all the challenges… We are constrained to find that the application is without merit….,” justice Chacha Mwita read the judges’ ruling on Thursday.
The judges have also allowed politicians James Orengo and Okong’o Omogeni to represent the DCJ in the case.
James Orengo, Mwilu’s lawyer, had opposed the appointment of Qureshi terming the move as irregular.
He wanted Gazette Notice of his (Qureshi) appointment declared illegal, null and void.
The vibrant lawyer argued that none of the reasons the Director of Public Prosecutions (DPP) gave in appointing Qureshi satisfy the guidelines of Public Procurement Act.
“A constitutional threshold was not met. The issue of gender, indigenous contractors and youth wasn’t met. DPP should have appeared here in person if his fear was to contract a person from this country,” Orengo said.