The Attorney-General Kihara Kariuki Thursday defended the appointment of Prof Khawar Qureshi to lead the prosecution in a graft case against Deputy Chief Justice Philomena Mwilu.
Prof Qureshi, a Queens Counsel, was appointed by Director of Public Prosecutions Noordin Haji to handle the case but Justice Mwilu's lawyers have maintained that he was irregularly appointed and the same is unconstitutional.
But making his submissions through lawyer Emmanuel Bita, the AG said the appointment was proper and all the procedures were followed.
He said the AG’s powers to make such an appointment cannot be questioned and the court has no authority to substitute those powers.
Further, Mr Bita said lawyers representing Justice Mwilu had failed to point out the illegality in the appointment.
On his part, the DPP through secretary of prosecutions Dorcas Oduor said Prof Qureshi met the qualifications and there was no evidence that the British lawyer was not qualified.