Focus on Wako’s legacy as curtain falls on his tenure

By Stephen Makabila
In less than two months, Kenya’s longest serving Attorney General Amos Wako will retire.
Apart from debate on his succession, questions abound regarding what legacy Wako will leave.
Focus is especially on his final duties in office, one being playing a lead role in the constitutional implementation process and the second, his handling of the International Criminal Court’s post-election violence cases.
"There is doubt Wako is a brilliant lawyer, but some of his achievements during his tenure have assisted little in building his credibility," said Prof Frank Matanga, a political science lecturer at Masinde Muliro University.
University of Nairobi head of political science Adams Oloo says: " Wako came into office with a credible reputation, but his 21-year tenure has negated all that."
However, Law Society of Kenya chairman Kenneth Akide, in an interview with The Standard on Sunday, asked Kenyans not to paint Wako as a failure.
He says it does not make sense to paint Wako negatively and try to haunt him out of office with only two months to retirement.
New laws
"Wako is a data bank of what happened in the last two decades. There are things he was expected to do which he did not, but equally, there are those he can claim credit, including delivery of a new Constitution where his role was critical," added Akide.
Wako, who oversaw the transition from a dejure one party State to multiparty democracy, has played key roles in constitutional reforms and was the Chairman of the Bomas of Kenya and Safari Park Consultative Constitutional conferences.
He was also an ex-officio member of the Constitution of Kenya Review Commission (CKRC). However, Constitutional Implementation Commission (CIC) chairman Charles Nyachae is blaming Wako for the slow pace of implementation.
Kenya National Commission on Human Rights and CIC have urged Wako to step aside for allegedly being an impediment to the new laws.
Interim Independent Electoral Commission chairman Ahmed Issack Hassan has also raised concern that necessary legislative framework to allow the 2012 General Elections were not in place.
In his attack on Wako, Nyachae said he was disturbed by the fact that Parliament passed the Interim Electoral and Boundary Commission Bill a month ago, yet the same has not been presented to the President for assent. "The continued delay is prejudicial to implementation, and creates the danger of putting in jeopardy, consequential imperatives, such as establishment of the commission and preparation for next year’s elections," he added.
The CIC has twice written to Wako on May 28 and June 24, questioning the rationale the AG was using for holding onto the IEBC Bill yet others like the Supreme Court Bill passed by Parliament later had been presented to the President and assented to. But Wako, who has been abroad on an official trip, came out strongly on Wednesday to dismiss the blame directed at his office.
The State Law office said the delay was as a result of procedural steps between Parliament and the AG’s office, before a Bill is signed to become law.
But Wako, in a statement released by the State Law Office Public Relations Officer Dominic Onyango, said the Bill was submitted to Parliament for approval on June 21.
Clerk of the National Assembly Patrick Gichohi on Wednesday said it was only last week that the Bill came for authentication and had already been verified by the legal department. Akide, in defending Wako, said blame-games should end and CIC, the AG’s office and the Justice ministry should join forces to push implementation forward.
"None of the three can claim to be perfect. Its ironic CIC is blaming Wako yet it was blamed last week for not churning out Bills at the required speed. The three should work together and take their responsibilities seriously," added Akide.
Back on Wako’s legacy as he prepares to retire, Akide said the AG should be appreciated for his positive roles. He says Wako’s successor should be appointed early enough to facilitate a smooth handover. Among some of touted as Wako’s possible successors include former Deputy Director of Public Prosecutions Philip Murgor, University of Nairobi law scholar Githu Muigai, lawyers Fred Ojiambo and Betty Murungi.
Vaccant office
"We do not want the AG’s office to remain vacant for months come August 27 like what happened with that of the Chief Justice," added Akide.
United States International University lecturer Munene Macharia says although Wako has some positive attributes in his long tenure, he may be remembered as a person who sided with the ruling elite in most circumstances.
"He may be remembered as a nice person who appeared not effective in his role as AG, but who went on well with powers that be," added Munene, a professor of History and International Relations.
However, Munene defends Wako over his role in challenging admissibility of the ICC cases against the Ocampo six, noting it was within his mandate. Dr Oloo agrees with Munene on the AG’s relations with the Executive, noting he always played ball with the Government.
He cites the 2005 constitutional referendum where he says Wako sided with the Executive and lost after a ‘No’ verdict was returned.
On Wako’s legacy, one has to look at what he has done at the international scene as well.
Wako served in key international assignments including leading a Kenyan delegation to the World Diplomatic Conference on Establishment of the International Criminal Court where he was elected conference vice-president.
He was also elected and served as president of the Asian African Legal Consultative Organisation and thereafter, became a member of the UN International Law Commission.
Wako was president of the International Seabed Authority under the UN convention on the Law of the Sea. He recently successfully presided over the UN Durban Review Conference on Racism, Racialism and Xenophobia.
Other relevant assignments taken in his personal capacity include, representing Africa on the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture, Special Rappoteur of UN Commission on Human Rights on the Question of Summary or Arbitrary Executions and served as member and later as Chairman of the UN Human Rights Committee among others.