By Pravin Bowr

The US government last week unceremoniously barred Kenya’s Attorney General from putting his foot on the American soil by refusing him entry rights, which he had not even sought.

The Americans and the British have in recent times devised this new arbitrary instrument of banishment of Kenyans for perceived wrongs.

Early in the year, an unnamed minister was, ‘mistakenly’, but similarly publicly targeted by the US ambassador Michael Ranneberger through the press, and later an about-turn made by denying a visa to another Kenyan in the Moi Government instead.

Kenya’s Attorney General Amos Wako who has been banned from travelling to the US. Photos/File

The Kenyan Attorney General, notwithstanding his strengths and weaknesses, has been condemned and sentenced for undisclosed acts and omissions and without being given a hearing, as is his bounden right.

Protocol aside, legalities and principles of fair play and fairness and natural justice come into play. In dealing with the matter, Americans have disregarded basic fundamental rights of a citizen whether viewed from American or Kenyan law.

The action is legally perverse and against principles of natural justice and breached basic and rudimentary tenets of constitutional law.

Viewed from what is happening in America presently, American’s actions are hypocritical and smacking of double standards.

America, when it suits her, often forgets all constitutional safeguards and principles of due process and fair play.

Lest the American actions are lauded, the record must be put right.

Few weeks are left to the deadline US President set for closure of Guantanamo Bay detention camp for suspects who have been held for years without trial, and there is rethinking whether the camp will ever be closed or suspects given a fair trial.

Perhaps America is totally oblivious of the fact that only a few days ago, one American called Bernard Madoff was convicted of the "greatest investment fraud in Wall Street history" that drew in $65 billion over 20 years.

It may also be helpful to remind Americans that in their country recently, judges were nabbed after it was discovered that there was a long standing conspiracy between the judges and a security company where the judges were diverting inmates to certain favoured prison –like institutes – for financial gain.

And then comes the loud talk of International Criminal Courts when America has steadfastly refused to subscribe to the treaties setting it up, and yet in African countries America furthers the cause of ICC.

Not getting a visa to America is not an end of the world but a civilised nation must respect the rights bestowed to a citizen.

Any law abiding person in Kenya, if the law is broken, must have the courage to report the matter to the police, substantiate the claim by concrete evidence and reliable witnesses and then let the law take its course — a validly laid charge in a court, a plea, a trial, a binding judgment and the fruits of a conviction or acquittal.