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Why DPP's London lawyer may be blocked from appearing in Kenyan courts

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Queen’s lawyer Khawar Qureshi during a court hearing play Queen’s lawyer Khawar Qureshi during a court hearing (Twitter)

Senior Counsel James Orengo on Thursday opposed the representation of the DPP by the Queen’s Counsel Khawar Qureshi during the hearing of the corruption case against Deputy Justice Philomena Mwilu.

Orengo who is part of the legal team representing Mwilu, argued that Qureshi lacked a certificate of admission allowing him to appear before the High Court of Kenya.

play Lawyer James Orengo during a court session

 

The certificate of admission is granted to a lawyer after completion of studies at the Kenya School of Law.

In the case of a foreigner, the Advocates Act section 11(1), requires that a practising certificate is granted by the Attorney General.

The Attorney-General may, in his absolute discretion, admit to practise as an advocate, for the purpose of any specified suit or matter in or in regard to which the person so admitted has been instructed by the Attorney-General or an advocate, a practitioner who is entitled to appear before superior courts of a Commonwealth country, if such person has come or intends to come to Kenya for the purpose of appearing, acting or advising in that suit or matter and is not disqualified or suspended by virtue of this Act, and a person so admitted (hereinafter in this section referred to as a “foreign advocate”) shall not, for the purpose of that suit or matter, be deemed to be an unqualified person.”

The matter on whether Qureshi has the right to represent the DPP will be determined by the five-judge bench tasked with listening to the case of the embattled Mwilu.

Alternative

The Deputy Chief Justice's lawyers have told the High Court that Mwilu's case to have been addressed through the Judicial Service Commission (JSC) - an argument opposed by DPP Noordin Haji.

play DPP Noordin Haji

 

Haji explained the fact that the DCJ was a member of the commission would be prone to interfere with the case.

The DPP revealed that he settled for the services of the London-based professor after he failed to find a suitable candidate through advertisement.

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