Why America wants Wako out of office immediately

By Biketi KikechiThe US government believes Attorney General Amos Wako will sabotage implementation of the Constitution if allowed to stay in office until his scheduled exit in August, and is pushing to have him replaced as soon as possible.A top diplomat at the US embassy in Nairobi who made the revelations, also said Wako would never be allowed to set foot on US soil even after leaving office.The US wants a speedy replacement for Wako for what the official called "quick and smooth implementation of the Constitution to be realised" without further delay."I’m sure the two principals understand that the AG will play a disruptive role if he is left in office until August," said the official who has previously been critical of Wako.The official, who spoke on condition that his name is not revealed, said the visa ban on Wako imposed in 2009 would not be lifted in the foreseeable future. Wako had at the time threatened to sue the American government, but there have been no reports of any such move."Never ever, there is no chance of his visa being restored. He needs to go, and the sooner the better, because he should have left by now had the recent nominations not been disputed," said the senior official.The official said US remains hopeful the Constitution will be implemented before 2012, but added this would only be possible if Wako were removed from office early enough."Kenya needs a new AG to help create institutions to guarantee an open process that will create political stability," he said. The latest position by the US government locks out Wako from high profile jobs in the United Nations and US based international organisations upon his retirement.He said the country needs "a trustworthy and credible" Attorney General who will support the implementation of the Constitution.In a candid interview, the official who has been very critical of Wako in the past said his government does see him playing any positive role in carrying forward the reform process.USA believes AG Amos Wako is a stumbling block to reforms. [PHOTO: FIle/STANDARD]"He is trying to look as if he is legitimate in fighting for reforms, but the fact is that he cannot turn around his reputation. The sooner he leaves the better. He needs to go," he said.During the interview with The Standard, the official said the reform pace in the country was slow. His comments came as Justice Minister Mutula Kilonzo warned the country would not be in a position to hold a General Election next year unless the Constitution is implemented.Kilonzo expressed concern the country might not have the necessary electoral reforms in place before next August when elections will be due."Some leaders are busy campaigning, and I am not even sure those elections will be held in the first place" said the minister. The Justice minister cautioned that an assumption that passing the Electoral Reforms Bills alone was enough to guarantee free and fair elections was misleading. According to Mutula, the country should have all the electoral laws in place now to kick-start preparations for the same. Some of the institutions necessary include the Independent Electoral and Boundaries Commission and the Supreme Court, as well as reforms in the Judiciary and security sector"After passing the Bill, there is time to be required for mandatory advertisement during which those interested will apply, then they be vetted within at least three weeks, the names taken to Parliament to the President and then back to MPs for vetting and approval’ said the minister.Reforms pressureThe US has been using every available opportunity to push the Grand Coalition Government to speed up the implementation of reforms.Last year Assistant Secretary of African Affairs Johnnie Carson and National Security Council (NSC) Senior Director for Africa Michelle Gavin met President Kibaki and expressed their government’s concern about actors obstructing the reform agenda. They delivered President Obama’s message cautioning, "there will be no business as usual" with those who obstruct reforms. Yesterday, the high profile embassy official said the Judicial Service Commission must help identify people who are credible in the judiciary.He said Kibaki and Prime Minister Raila Odinga should work together to put up a transparent process for nominating the Attorney General and the Director of Public Prosecutions.The anti-reform tag was pinned on Wako in 2005, when he backed with MPs and ministers allied to President Kibaki and produced a draft law later nicknamed the "Wako Draft".Last year, after he voted for the referendum at Nangoma School in his Matayos home, he stepped out with his inked finger raised in the air and declared: "A great weight has been lifted off my shoulders and if the Constitution is endorsed, I’m ready to move on in 12 months or even a month."In November 2009, Wako acknowledged receiving the letter banning him from the US and promised to sue the American government. Wako, who was accused by the US of blocking reforms, said he had always been at the forefront of reforming the Government from within, and listed what he considered as his reform initiatives."The ban was done in bad faith and only serves the interests of the US and not to support reforms in Kenya," said Wako during a press conference in his office. He then threatened to take the Obama administration to court over the ban. "I’m proud to be Kenyan and African and committed to reforms," he said and accused the US of not responding to requests by the Government to fight corruption.Wako has also given himself credit for overseeing legal reforms that led to multiparty and the formation of the current Government. In recent WikiLeaks release, Ranneberger said the basis used to reach the decision of slapping the visa bans on Wako."Leading anti-corruption NGOs have followed Ringera’s work for years, and firmly believe his gross negligence is intentional, making him a ready accomplice. Ringera’s own submission to Kibaki in 2006 regarding the Anglo-Leasing scandal concluded that a number of senior officials should have been prosecuted. To date, none of them have," read the cables.Civil society groups and the head of the Kenyan Anti-Corruption Commission, Justice Aaron Ringera had repeatedly accused Wako of failing to prosecute cases of official corruption, according to the cables."Others have noted the AG’s poor quality of legal advice to the Government that helped to facilitate both the Anglo-Leasing and Goldenberg mega-scandals, by lending his stamp of approval to fraudulent contracts that were the basis for stealing over a billion dollars from the Kenyan Government. At the same time, in a pattern of supporting Kenya’s culture of impunity, Wako has been identified by the UN Special Rapporteur on Extrajudicial, Arbitrary or Summary Executions in Kenya as the chief obstacle to prosecuting anyone in authority for extrajudicial executions."Yesterday, Wako could not be reached for comment on the latest US stand against him.

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