Tuesday, March 15, 2011

Kilukumi back in court as Ruto lawyer

By Evelyn Kwamboka
A senior lawyer initially nominated by President Kibaki to be the new Director of Public Prosecutions has returned to represent his clients in court.
Mr Kioko Kilukumi returned to court yesterday after his nomination was withdrawn. The lawyer arrived in court yesterday to represent Eldoret North MP William Ruto.
"For completeness of the record, the court permitted me to withdraw from representing the first accused and gave me the liberty to return," he said.
The President withdrew the nominations last month and directed the Public Service Commission to advertise the position.
Eldoret North MP William Ruto (left) and lawyer Kioko Kilukumi were in court Monday for the hearing of a land case in which the suspended minister is charged alongside two others. [PHOTO: EVANS HABIL/STANDARD]

Kilukumi, who is representing Ruto in a Sh50 million land case, was nominated alongside three other constitutional office holders who were Justice Alnashir Visram (Chief Justice), Prof Githu Muigai (Attorney General) and Mr William Kirwa as Controller of Budget.
He withdrew from the case on January 31 to await Parliament’s decision on the nominations.
But the nominations ran into trouble when Prime Minister Raila Odinga and various entities including the Law Society of Kenya, The Judicial Service Commission, Fida and the International Commission of Jurists opposed the move.
On record
"It is ethically unprofessional and unconstitutional for me to continue being on record for the first accused person (Ruto)," he said in January.
However, he pointed out he would return to represent the legislature in the case if he was not appointed.
"In the event that my nomination is rejected, I will be back to defend him," he said.
Kulukumi said he had discussed the matter with his client before making the decision. "Ruto understands the situation and has agreed to be represented by another advocate," he said.
Mr Katwa Kigen took over the matter and proceeded with the hearing as Ruto’s defence lawyer.

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