Lawyers representing Deputy CJ Philomena Mwilu in a petition seeking to determine whether she should face criminal charges have opposed a foreign counsel appointed by Director of Public Prosecutions Noordin Haji.
Senior Counsel James Orengo on Thursday opposed Queen's Counsel Khawar Qureshi from representing Mr Haji in the petition to be heard by five judges.
According to Mr Orengo, Mr Qureshi cannot represent Mr Haji in the case because he does not possess instruments such as certificate of admission allowing him to practice in Kenya.
But in reply, secretary of prosecutions Dorcas Oduor said the Mr Haji has a right to pick a lawyer of his choice to represent him in any case.
Ms Oduor said they will be happy to respond to opposition by Mr Orengo if the defence team makes a formal application.
But after an-hour break, the court resumed with Mr Haji seeking disqualification of Mr Orengo and lawyer Okong'o Omogeni, who are both senators, from the case.
The DPP, through Ms Oduor, said the two lawyers sit on a Senate committee which plays an oversights role over the office of the DPP and the Judiciary and, therefore, access crucial information touching on the case before the court.
She accused the two defence lawyers of conflict of interest.
Ms Oduor wondered why the defence team is questioning the appointment of Mr Qureshi yet Mr Haji appeared before the Senate committee and explained the terms of the UK’s lawyer's hiring.
The case was adjourned to 2pm to allow Ms Oduor consult Mr Haji on whether they can argue the application to allow Fida-Kenya, ICJ-K and lawyer Adrian Kamotho without Prof Qureshi's input.