Distraught Wako vows he will sue America

By Alex Ndegwa

Attorney General Amos Wako launched a massive defence of his tenure at Sheria House.

He pleaded his innocence as it emerged the United States travel ban against him was issued under a law meant to lock out looters of public resources.

Wako, who confirmed he had received a letter from the US banning him from the country, dismissed claims that he has been standing in the path of reforms, for which the American government revoked his travel visa.

In a seven-page statement that took a half an hour to read, Wako prosecuted his case, defending his record as a "reformist" and attacking the revocation of his visa as serving American interests.

For that action, he vowed to sue the US.

"Let me state that Sitswila Amos Wako has not been engaged in corrupt actions which have adversely affected the national interests of the United States of America or at all," he said, in reference to Proclamation 7750 of January 12, 2004, which a US official in Nairobi confirmed had been used to lock him out their country.

The proclamation, better known as the Kleptocracy Initiative, covers a wide range of corruption-related crimes. Wako’s problems may have stemmed from a specific stipulation that targets, "public officials or former public officials whose misappropriation of public funds or interference with the judicial, electoral, or other public processes has or had serious adverse effects on the national interests of the United States".

Wako said although he is "totally indifferent to the revocation of the visa" since "I have no desire to visit the US" he intends to seek legal advice with a view of instituting legal proceedings in the US.

He said the reasons given for the punitive action are defamatory. "I want to take the war there (on US soil)," Wako said.

Double standards

Even with the latest pressure for him to quit the office he has served for nearly two decades, Wako was unrelenting, defiantly dismissing a reporter’s prodding whether it wasn’t time to resign as "a very offensive question".

Wako accused the US of employing double standards by accusing him of inaction on high profile corruption scandals, and sought to turn the tables on them.

He said the successful investigation and prosecution of mega corruption cases depended on Mutual Legal Assistance from foreign competent authorities. Abandoning diplomatic niceties, Wako said: "In the Anglo Leasing-type cases, for example, which Secretary Carson and the American Ambassador (Michael Ranneberger) are fond of quoting, the assistance of the competent authorities of the USA is critical."

The AG cited two instances in which he claimed the US had failed to co-operate with Kenya to interrogate key ‘Anglo Leasing’ suspects who are American citizens.

"One of the principal actors and suspects in a number of Anglo Leasing cases is a citizen of the USA by the name of Dr Merylyn Kettering," said Wako. In June 2005, he said, the Federal Bureau of Investigations organised for two investigators from Kenya Anti-Corruption Commission to interview him in Baltimore.

But when the two went to Baltimore, Dr Kettering had "conveniently left". Wako added it was agreed the FBI would maintain surveillance on Dr Kettering, secure his co-operation and notify KACC on a date to travel and interview him.

"From June 2005 up to now, we are still waiting to hear from FBI," Wako said. "How, then, do we convict when you are not co-operating with us?"

The other case involved former UBS banker Bradley Birkenfeld, indicted in the US last year on other offences. The AG said following local media reports that Birkenfeld, who signed some of the Anglo Leasing type contracts, was prepared to spill the beans on the scandal, he sought confirmation of the report in a letter to Ranneberger on March 28, this year.

Ranneberger failure

Wako said the ambassador responded through a letter dated April 3 and promised to forward any information they may obtain to Kenyan authorities. On April 22, he was asked by a deputy to forward a formal request for Mutual Legal Assistance, which he did on April 30. Nothing happened. Wako sent a subsequent reminder to Ranneberger dated August 20.

"As I am speaking now he has not responded," Wako said.

The AG also cited another case involving a World Bank project in which he observed the FBI had admitted it is highly unlikely that the witness who is a resident in the US will cooperate with KACC. He wondered how Anglo Leasing and other such cases could be concluded while the US law does not allow FBI to secure co-operation of key suspects or witnesses.

"This is already a case of double standards where the bigger and more competent brother is demanding more from the younger brother, than he the bigger brother can deliver," Wako said.

 

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