Amos Wako blames collapse of Anglo Leasing cases on Githu Muigai’s handling

Former AG Amos Wako (left) and his successor Githu Muigai.

By Geoffrey Mosoku

Nairobi, Kenya: Attorney General Githu Muigai strove to deflect criticism aimed at him over the way Kenya mishandled appeals against rulings to pay Anglo Leasing merchants by blaming the courtroom debacles on his predecessor.

But Tuesday, a day after the gruelling news conference by the professor of law, during which conference by the professor of law, during which he literally prosecuted his own case with documents and references to timelines and legal chronicles, Amos Wako hit back heatedly, and not without some wit.

The two traded accusations that left the country uncertain just who between them was responsible for the feeble, if not non-existent, defence the Kenya Government put up, leading to losses that have now seen President Uhuru Kenyatta succumbing to pay up Sh1.4 billion.

Prof Muigai had blamed it all on Wako but Tuesday, the Busia Senator and former long-serving AG came out declaring that he left office just after he had filed Kenya’s defence, which he said he left in Githu hands. Wako asked Githu to carry his own cross over the bungled State defence in the cases filed by Universal Satspace and First Mercantile Securities Corporation.

Wako faulted his successor for misrepresenting the facts when he (Githu) claimed that he was only a mortician and not the surgeon who oversaw the death of the patient (in reference to the court cases).

He argued that Githu appears to have lost it when he stepped away from the written script. Wako said he was surprised that the Attorney General of the Republic of Kenya could refer to himself as a mortician.

Legal advisor

“If I was a surgeon as he has clearly indicated in his remarks, then I handed over the office of Attorney General to a fellow surgeon to continue with the treatment of the said patient. He took over the office and swore to diligently serve the people of Kenya in his capacity as the principal legal advisor to the Government,” Wako said.

The two senior lawyers, who were chief legal advisors to former President Mwai Kibaki at different times, sparred as the blame game continued over one of the country’s biggest scandals.

Wako, who served as AG for 20 years and was in office when the State entered into the contracts, said his successor took over office from him immediately after the filing of the defence on Anglo-Leasing cases.Wako, who left office in August 2011, said Githu couldn’t accuse him of complacency in handling the controversial multibillion-shilling contracts.

Both men advised retired President Kibaki, with Wako serving for eight and a half years and Githu one and a half years of Kibaki’s rule.

Wako claims that by the time he left office, the matter was under litigation and it was Githu who oversaw the State lose the cases.

He spoke a day after the AG came out to defend himself and the State Law Office over the controversial payments Uhuru has authorised if only to get the Sovereign Euro Bond to salvage the Jubilee government’s pet projects currently threatened by cash-flow problems at Treasury.

Diverting attention

Wako’s statement was a sarcastic response to the AG’s remark on Monday. Githu had said: “The man you see before you is a mortician. The patient died on the operating table long time ago. Githu Muigai is the mortician. If you think the patient should have lived, ask the surgeons.” Tuesday, Wako said: “He should therefore bear full responsibility and stop dragging my name into this, since I had long left office during the defence process. He was in office and should stop diverting attention from the reality.”

In a statement sent from Geneva, where he is attending parliamentary business, Wako said rather than making such outrageous assertions, Githu should just have focused on the written statement issued by his office.

“What I would simply say is; the AG appears to be lost for words whenever he goes out of the written script.”

Tuesday, Githu refused to comment on Wako’s reply to his Monday news conference. “No comment. The documents I have submitted speak for themselves. No further comment,” he told The Standard when reached on phone.

During the Monday briefing, the AG sought to defend his record as he blamed former State officials who oversaw the contracts. Although he did not directly mention names, the AG apparently pointed an accusing at his predecessor, Wako, and former Cabinet ministers Musalia Mudavadi and Chris Obure (Transport and Finance ministers in 2002), and former Postmaster General Francis Chahonyo, who were in office when the suspect deals were signed.

On Monday, Muigai gave a chronology of the events leading to the payments as he sought to distance himself from culpability, adding that the State sought legal opinion from renowned international experts in telecommunication and meditation.