‘I’m not boarding!’ Murgor accuses Prosecution of working with politicians
Lawyer Philip Murgor is still fighting calls to step aside from the Tob Cohen murder case over claims that he is a State Prosecutor.
On Tuesday, the advocate maintained that he had resigned and further accused the Prosecution of working with politicians to ‘buy time’.
“I am not a prosecutor and don’t want to be a public prosecutor…so I’m not boarding. A resignation is absolute and unilateral…we have not been served with any evidence…we have an application for bail pending,” he said.
Sarah Wairimu Cohen is yet to take plea despite appearing in court for the fourth time.
According to Murgor, if the Prosecution wants to buy time, they should look for better reasons that are sustainable in law.
Murgor reiterated that he had apparently ‘wasted two months’ with no work assigned to him and subsequently resigned on March 7.
“We were working together with Mwaniki at the Supreme Court…I wrote a letter and even returned it to the DPP and on page 67, Mwaniki responded and acknowledged.
“The acknowledgement by Mwaniki makes no reference to revoking the appointment…The idea of revocation is an afterthought because when you resign from an appointment, the decision is unilateral one. They did not bother to revoke because it did not matter and it still doesn’t matter,” he told the court.
Murgor had been appointed as a prosecutor for two years through a Gazette notice dated January 16 and the Prosecution insists that his status is still active.
“This gazette notice has not been revoked …Murgor knows that we have not revoked the appointment..I did not raise the objection ….lawyer Cliff Ombeta did…due process has to be followed… we are in the process and we will forward the papers to the AG,” Catherine Mwaniki said on Tuesday.
She also rejected claims of working with politicians terming it as ‘unfound comments’.
According to her, the Prosecution is not barred from talking to the victim’s family and Murgor is not familiar with the details of their conversation.
“I still stand that he needs to give us evidence that we are working with politicians,” Mwaniki added.
On his part, lawyer Cliff Ombeta insisted that Murgor should not represent Wairimu until the issue of revocation has been dealt with.
“We do not want to end up with a mistrial …it is a very important issue ..he needs to have cleared that first then come back. It is a fact… that gazette notice has to be revoked …Maybe he is a mole,” the lawyer told the court.
Justice Stella Mutuku said a ruling on the matter will be delivered on Thursday.