By Andrew Kariuki
The High Court has dismissed an attempt by Senior Counsel John Khaminwa to block lawyer Danstan Omari from appearing for one of the accused persons in the murder case involving Ahmed Rashid Hassan.
In a ruling delivered in HCCRC No. 70 of 2023, Justice Rachel Kavedza Diana found that allegations of conflict of interest raised against the defence had not been supported by evidence and lacked a sufficient legal basis.
Dr. Khaminwa had orally argued before the court that Omari was allegedly linked to representation of one of the victims in a separate matter, creating what he described as a possible conflict of interest.
However, the court held that no material had been presented to substantiate the claims.
The judge observed that although earlier directions had been issued requiring a formal application to be filed, the allegations ultimately presented before court were unsupported by affidavits or documentary evidence capable of establishing an actual conflict.
The prosecution also opposed the application, arguing that the individual claiming victim status was neither listed as a witness nor formally recognized as a victim in the current proceedings.
While delivering the ruling, Justice Kavedza relied on the Supreme Court decision in Joseph Lendrix Waswa v Republic, which affirmed that victim participation in criminal proceedings is not automatic and should not interfere with the fairness of the trial process.
“The allegations raised from the bar remain unsubstantiated and unsupported by affidavit evidence or documentary material capable of establishing the existence of an actual or perceived conflict of interest,” the judge ruled.
The court further found that no evidence had been presented showing that Ali Mohammed met the legal threshold of a victim under Section 2 of the Victim Protection Act, 2014.
Justice Kavedza also clarified that lawyer Cliff Ombeta, whose name had been mentioned during submissions, was not formally on record for the accused person in the matter before court.
“Allegations touching on professional conflict are grave in nature and cannot be determined on the basis of bare oral assertions,” the judge stated before dismissing the application for lack of merit.
The ruling allows Omari to continue appearing for the accused in the ongoing murder proceedings.
