, NAIROBI, Kenya, Jan 24 – A ruling on whether lawyer Khawar Qureshi can be the lead counsel in the prosecution of Deputy Chief Justice Philomena Mwilu will be made on Thursday.
The ruling will be made by a five-judge bench consisting of Justices Hellen Omondi, Mumbi Ngugi, Francis Tuiyot, William Musyoka and Chacha Mwita.
They will also rule on an application seeking the removal of Senators James Orengo and Okong’o Omogeni from the proceedings.
Mwilu had sought to have Qureshi disqualified from the proceedings stating that his appointment was irregular and unconstitutional.
The Director of Public Prosecutions Noordin Haji however defended the appointment saying he had complied with the law and that his gazettement was procedural.
Mwilu is facing five graft-related charges among them acceptance of money in circumstances that undermine public confidence in the office she holds.
Haji said the charges to be preferred against Mwilu stemmed from an investigation that was carried out by the Directorate of Criminal Investigations (DCI).
According to Haji, Mwilu is also accused of improperly obtaining the execution of a security belonging to the Imperial Bank, now under receivership.
Mwilu will also be charged with abuse of office, unlawful failure to pay taxes, and conducting herself in disregard of the law.
He warned that his office will not hesitate to crack the whip on judicial officers who obstruct the delivery of justice.