THE PNU is accusing Attorney General Amos Wako of being an ODM mole and insists he must quit immediately. Party MPs want a new AG loyal to the President immediately named claiming the outgoing AG cannot be trusted anymore.
Assistant Minister Kareke Mbiuki and Ndaragwa MP Jeremiah Kioni yesterday said Wako has deep political interests and should be ejected at once to follow his heart’s desire. “He has ceased to advise the President accordingly. He has become a liability to the government and an ODM operative and must not be allowed to stay till August,” said Mbiuki.
The MPs said Wako rejecting President Kibaki’s nomination of three key judicial officers amounted to insubordination and must be penalised.
Wako enjoys security of tenure having been appointed 20 years ago under the last constitution. He is expected to officially retire on August 27.
The Sixth Schedule has transferred the office of the current AG into the new constitution with the same powers.
Article 31 (7) of the Sixth Schedule states, “Despite subsection (1), the Attorney-General and the Auditor General shall continue in office for a period of no more than twelve months after the effective date and the subsequent appointment to those offices shall be made under this constitution”
Article 31 (1) which Wako’s critics want to use is specific that officers who held key positions before the new constitution came into effect shall continue to operate under the current constitution excluding them from the benefits of the old constitution.
The new AG under this constitution does not enjoy security of tenure though he remains a member of the cabinet. “This constitution does not guarantee Wako any security of tenure and therefore he is removable and we are going to ensure we force him out,” Kioni said.
The AG’s critics are also citing a report by the former UN Rapporteur on Extrajudicial Killings, Prof Philip Alston, which recommended Wako’s removal and now want the President to implement it. “He has presided for a great many years over a system that is clearly bankrupt in relation to dealing with police killings and has done nothing to ensure that the system is reformed. Public statements lamenting the system’s shortcomings have been utterly unsupported by any real action. In brief, Mr Wako is the embodiment in Kenya of the phenomenon of impunity,” Prof Alston said in his report.
Lately Wako has indicated he is willing to accept any call by the public to serve them in other capacities. “I am willing to serve the people in any other capacity after my retirement if the public say so,” Wako was quoted as saying recently.
Asked if Wako was still advising the government after the Kibaki List fiasco, Senior Deputy Solicitor-General Muthoni Kimani said yesterday, “Of course, yes, why not.”
Wako refused to appeal on behalf of the government against the High Court ruling that the Kibaki List was unconstitutional and further rejected President’s plea to have a new lawyer appointed to represent the State in the hearing.
On Monday, Wako told the three-judge bench comprising Justices Kalpana Rawal, George Dulu and Luka Kimaru that the appointments of Chief Justice Alnashir Visram, Attorney General Githu Muigai and Director of Public Prosecutions Kioko Kilukumi were unconstitutional.
Prime Minister Raila Odinga is said to have rejected Kibaki’s plans to immediately appoint a new AG to take over from Wako. “The PM advised the President when they met on Wednesday to give the current AG enough time to conclude his term as per the constituition,” said a source from the Premier’s office.
That position yesterday got major support when nine ODM MPs led by assistant Minister Josephat Nanok announced that their party wants Wako allowed to complete his term. “We insist that Wako be allowed to conclude his term in office which expires on August 27 just like the outgoing Chief Justice has been allowed to do,” Nanok said.
Raila met with a group of backbenchers and assistant ministers in his office on Thursday evening and they discussed how to defend Wako in case PNU tries to use Parliament to remove him prematurely.
The group included assistant ministers Alfred Khangati and Dhadho Godhana, Maalim Mohamed, Magerer Langat and MPs Charles Onyancha (Bonchari), Yusuf Chanzu (Vihiga), Dan Mwazo (Voi), John Mbadi (Gwasi). The PM later met with MP Chris Okemo who represents Nambale where Wako comes from.
Yesterday Shinyalu MP Justus Kizito warned the PNU MPs against any attempt to eject Wako saying it will face equal resistance. “Wako is a lawyer of high repute. Kibaki never sought his counsel on the matter of the controversial nominations. And even in advising Kibaki he must do so as stated in the law. The President chose to resort to half-baked lawyers and sycophants and therefore cannot turn round and blame Wako; we will fight for him,” Kizito said.
He urged those pushing for Wako’s immediate exit to recognise that his stand on the Kibaki List has now been accepted by the President.
Assistant Minister Kareke Mbiuki and Ndaragwa MP Jeremiah Kioni yesterday said Wako has deep political interests and should be ejected at once to follow his heart’s desire. “He has ceased to advise the President accordingly. He has become a liability to the government and an ODM operative and must not be allowed to stay till August,” said Mbiuki.
The MPs said Wako rejecting President Kibaki’s nomination of three key judicial officers amounted to insubordination and must be penalised.
Wako enjoys security of tenure having been appointed 20 years ago under the last constitution. He is expected to officially retire on August 27.
The Sixth Schedule has transferred the office of the current AG into the new constitution with the same powers.
Article 31 (7) of the Sixth Schedule states, “Despite subsection (1), the Attorney-General and the Auditor General shall continue in office for a period of no more than twelve months after the effective date and the subsequent appointment to those offices shall be made under this constitution”
Article 31 (1) which Wako’s critics want to use is specific that officers who held key positions before the new constitution came into effect shall continue to operate under the current constitution excluding them from the benefits of the old constitution.
The new AG under this constitution does not enjoy security of tenure though he remains a member of the cabinet. “This constitution does not guarantee Wako any security of tenure and therefore he is removable and we are going to ensure we force him out,” Kioni said.
The AG’s critics are also citing a report by the former UN Rapporteur on Extrajudicial Killings, Prof Philip Alston, which recommended Wako’s removal and now want the President to implement it. “He has presided for a great many years over a system that is clearly bankrupt in relation to dealing with police killings and has done nothing to ensure that the system is reformed. Public statements lamenting the system’s shortcomings have been utterly unsupported by any real action. In brief, Mr Wako is the embodiment in Kenya of the phenomenon of impunity,” Prof Alston said in his report.
Lately Wako has indicated he is willing to accept any call by the public to serve them in other capacities. “I am willing to serve the people in any other capacity after my retirement if the public say so,” Wako was quoted as saying recently.
Asked if Wako was still advising the government after the Kibaki List fiasco, Senior Deputy Solicitor-General Muthoni Kimani said yesterday, “Of course, yes, why not.”
Wako refused to appeal on behalf of the government against the High Court ruling that the Kibaki List was unconstitutional and further rejected President’s plea to have a new lawyer appointed to represent the State in the hearing.
On Monday, Wako told the three-judge bench comprising Justices Kalpana Rawal, George Dulu and Luka Kimaru that the appointments of Chief Justice Alnashir Visram, Attorney General Githu Muigai and Director of Public Prosecutions Kioko Kilukumi were unconstitutional.
Prime Minister Raila Odinga is said to have rejected Kibaki’s plans to immediately appoint a new AG to take over from Wako. “The PM advised the President when they met on Wednesday to give the current AG enough time to conclude his term as per the constituition,” said a source from the Premier’s office.
That position yesterday got major support when nine ODM MPs led by assistant Minister Josephat Nanok announced that their party wants Wako allowed to complete his term. “We insist that Wako be allowed to conclude his term in office which expires on August 27 just like the outgoing Chief Justice has been allowed to do,” Nanok said.
Raila met with a group of backbenchers and assistant ministers in his office on Thursday evening and they discussed how to defend Wako in case PNU tries to use Parliament to remove him prematurely.
The group included assistant ministers Alfred Khangati and Dhadho Godhana, Maalim Mohamed, Magerer Langat and MPs Charles Onyancha (Bonchari), Yusuf Chanzu (Vihiga), Dan Mwazo (Voi), John Mbadi (Gwasi). The PM later met with MP Chris Okemo who represents Nambale where Wako comes from.
Yesterday Shinyalu MP Justus Kizito warned the PNU MPs against any attempt to eject Wako saying it will face equal resistance. “Wako is a lawyer of high repute. Kibaki never sought his counsel on the matter of the controversial nominations. And even in advising Kibaki he must do so as stated in the law. The President chose to resort to half-baked lawyers and sycophants and therefore cannot turn round and blame Wako; we will fight for him,” Kizito said.
He urged those pushing for Wako’s immediate exit to recognise that his stand on the Kibaki List has now been accepted by the President.
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