, NAIROBI, Kenya, Apr 4 – Director of Public Prosecution Noordin Haji wants Senior Counsel Paul Muite disqualified from a case involving the importation of fertiliser due to conflict of interest.
The DPP says that Muite is on a long term retainer with the Kenya Bureau of Standards (KEBS) which is at the centre of the case and that he hold a lot information pertaining to the criminal case facing the accused, Benson Oduor Ngesa and OCP (K) Limited.
KEBS has an interest in the current case facing its former Managing Director Charles Ongwae and eight others.
“Having acted for KEBS and now being retained by the two accused is classic case of conflict of interest which warrants the intervention of the court,” he argues.
He says that Muite has access to statements of witnesses who have been lined by the prosecution and his continued participation in the proceedings will be an affront to the administration of justice.
“The court is under duty to ensure that ethical standards are applied and maintained during the proceedings of the criminal case,” he argues.
Trial Magistrate Kennedy Cheruiyot told the DPP to serve Muite with application to enable him file a reply within seven days and the application be argued inter-parties on April 24, 2019 before commencement of the main case.