The High Court has dismissed an application by Senior Counsel John Khaminwa seeking to disqualify lawyer Danstan Omari from representing an accused person in the murder case involving Ahmed Rashid Hassan.
In a ruling delivered by Justice Rachel Kavedza Diana in HCCRC 70 of 2023, the court found that allegations of conflict of interest raised against the defence were unsupported and lacked any direct connection to the ongoing proceedings.
Dr Khaminwa had argued that Omari, counsel linked to the defence allegedly acted for one of the victims in another matter, creating a possible conflict of interest. However, the court noted that no sufficient material had been placed before it to establish that claim.
The judge observed that although directions had earlier been issued for a formal application to be filed, the allegations presented before court remained unsupported by affidavit evidence or documentary proof.
The prosecution opposed the application, arguing that the person claiming victim status was neither a witness nor a recognized victim in the proceedings.
In dismissing the application, Justice Kavedza relied on the Supreme Court decision in Joseph Lendrix Waswa v Republic, which held that victim participation in criminal proceedings is not automatic and must not prejudice 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 to prove that Ali Mohammed fell within the legal definition of a victim under Section 2 of the Victim Protection Act, 2014.
Justice Kavedza also noted that lawyer Cliff Ombeta, who had been mentioned during the arguments, was not on record for the accused person in the current proceedings.
“Allegations touching on professional conflict are grave in nature and cannot be determined on the basis of bare oral assertions,” the judge added before dismissing the application for lack of merit.
