WikiLeaks shows how Wako cheekily gave up Kenyan suspects

By Standard Team

Kenyans have always speculated that Attorney General Amos Wako’s smiling face is a screen for dark secrets, having been the Government’s chief legal advisor for the last 20 years.

Many have tried to decipher what Wako really knows, but the AG has always met them with his disarming smile.

But now Wako’s defences are being disarmed, thanks to the leakage of top secret US diplomatic cables that are being released by whistleblower website WikiLeaks.

Apparently, his deceptive smile apparently hides a cunning personality that to many Kenyans may not be so new – except for its cruelty against a section of the citizenry. The Government’s chief legal advisor, for example, agreed to have Kenyans suspected of links to terrorism arrested by a foreign state, but suggested that for reasons of political correctness, they be tried outside Kenya, and their identity and citizenship be concealed.

Some of cables from the US embassy in Nairobi detail how the American government viewed Wako as one of the biggest stumbling blocks to reform. Next was the revelation that he had been shielding top cats in Government from prosecution after they engage in corrupt activities.

Now the latest cables from WikiLeaks make the startling revelation that Wako advised the Americans to take away Kenyan terror suspects, but not reveal their citizenship.

Embassy attacks

Wako is reported to have also told US ambassador Michael Ranneberger that they be tried outside the country. "On terror suspects wanted for the 1998 attacks on the US Embassies in East Africa, Wako suggested it would be politically far simpler to "not know they are Kenyans," and handle their prosecution outside of Kenya," said Ranneberger.

Over the years Kenyans have been at a loss at how terror suspects of Kenyan nationality were spirited out of the country to foreign lands for detention and trial.

First, it was to the US that suspects of the 1998 US Embassy bombings were taken. Later, more than 10 Kenyans were spirited out the country to Ethiopia where they were detained for more than two years before they were finally freed and returned to Kenya.

Currently, several Kenyans are being held in Uganda on claims they participated in terror bombings in Kampala. Among them is human rights activist Al Amin Kimathi, who was arrested in Kampala where he had gone to observe the trial of Kenyans held over terrorism charges.

In the same WikiLeaks cables, Ranneberger’s predecessor, William Bellamy accused AG Wako for allegedly offering inconsistent, unconvincing explanations while blocking the destruction of more than one tonnes of cocaine impounded by the Government at the time.

The drugs, impounded in Nairobi and Malindi, remained in police custody for over a year, before the consignment was destroyed.

Bellamy revealed that the UK government was equally concerned about the delay in the destruction of the cocaine.

Credible plan

"We agree with the UK to give the GOK another three weeks to develop a credible plan before going public with our dissatisfaction," Bellamy wrote.

He complained that although many had called for Wako’s resignation in recent months, but President Kibaki did not have the constitutional authority to remove him from office.

It emerges Britiain’s High Commissioner to Kenya Adam Wood, US envoy Bellamy, Wako and Director of Public Prosecutions Keriako Tobiko held a meeting in February 2006. The meeting was at Wako’s request. He said he was aware of international concerns about Kenya’s handling of the 2004 cocaine haul, and wanted to put their minds at ease.

Fully aware

"He was also aware of our previous complaints to the Foreign Ministry on this subject, and of the Foreign Ministry’s diplomatic note requesting UN and USG [US government] assistance in disposing of drug stockpile (ref B).

Wako explained that due to a "bad law" (specifically, section 74(a) of the Narcotic Drugs and Psychotropic Substances Control Act), the Government could not destroy the drug stockpile until it had been exhibited to, and sampled in the presence of, all of the defendants in the case.

"This has already occurred for six defendants currently standing trial in Nairobi. Another key defendant, however, has just been convicted on drug charges in the Netherlands. While the Netherlands has agreed to Kenya’s request for extradition, the defendant had appealed to the

Netherlands high court," Bellamy wrote in the cables.

Wako argued that once the defendant was extradited, he would have confronted the evidence (the stockpile) and, after which it could be destroyed.

"Wako was vague on how long this process might take. If, on the other hand, the Dutch high court ruled against extradition, there would be no need to retain the stockpile," said Bellamy.

The cables further stated that Wood and Bellamy pressed for Kenya to at least invite foreign experts to test, measure and seal the stockpile.

That was to have been done immediately, and without prejudice as to how and when the stockpile was eventually disposed of.

They argued that such verification was needed, to put to rest worries that the stockpile had been tampered with, and possibly trafficked.

Cocaine haul

Wood explained how, with shipments of cocaine showing up in London on incoming Kenya Airways flights, his government’s patience was growing thin. Bellamy added that Kenya would have had a serious credibility problem for failing to show that the stockpile was intact, and being handled in accordance with best international practices.

"Unfortunately, Wako explained, it would not be a good idea to test, measure or seal the stockpile. It would undermine the prosecution’s case since it would allow the defence to argue that the State did not have confidence in its own evidence," said Bellamy.

Wood and Bellamy, however, dismissed the argument as lacking credibility. The cables further said when pressed about whether retention of the entire stockpile was necessary throughout the trial, Wako and Tobiko were evasive.