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The hearing of a case seeking to determine whether or not Deputy Chief Justice Philomena Mwilu is immune from criminal prosecution has been postponed to next year.

This is after the parties in the case filed different objection applications before the hearing could proceed.

On Thursday, during a hearing to determine whether the case against Mwilu should proceed, Lawyers representing the Deputy Chief Justice opposed the appointment of foreign prosecutor Khawar Qureshi.

Lawyer James Orengo argued that the Director of Public Prosecution has no powers to appoint the British advocate.

“Although the Attorney General has the discretion to do so, he has to do more than writing a letter .it must have evidence in regards to the role of advocates,” Orengo said.

On the other hand the DPP submitted that Senators Orengo and Okong’o Omogeni representing Mwilu should recuse themselves from the matter since they enjoy parliamentary privilege and the fact that he is a senators.

The DPP argued that Orengo sits in the Senate Justice and Legal Affairs Committee which handles matters touching on the judiciary.

The parties in the case have 14 days to file their preliminary applications  which will be heard on January 17, 2019.

 

Source from Citizen digital

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