By DAVE OPIYO dopiyo@ke.nationmedia.com
Posted Monday, August 29 2011 at 22:00
Posted Monday, August 29 2011 at 22:00
IN SUMMARY
- Ex-chief legal adviser to the State reiterates he was behind major reforms
The sun has finally set on Mr Amos Wako’s two-decade career as the government’s chief legal adviser.
At exactly 11.31am on Monday, Mr Wako ceased to be Kenya’s Attorney-General after he officially handed over the baton, at Sheria House, to Prof Githu Muigai.
The soft-spoken Prof Muigai, a respected law scholar, now becomes the sixth Attorney-General in post-independence Kenya.
The new AG had earlier been sworn in at State House, before he and Mr Wako rode to Sheria House, in the same car, for the formal hand-over ceremony.
And when the ceremony that lasted slightly more than an hour was done, Mr Wako was escorted to his green Range Rover Vogue vehicle by Prof Muigai, as other staff watched.
It then slowly made its way out of the State Law Office compound as he waved goodbye.
And when he took over office, Prof Muigai promised to not only to transform the State Law Office into one of the best in the continent, but also to help in ending corruption.
This, he said, includes seeking forfeiture of money received by corrupt means and liaising with foreign governments to recover stolen assets stashed abroad.
“This is a fight that must be fought,” said Prof Muigai. He said even though he did not agree with Mr Wako on a number of issues, he had learnt a lot from him.
“When the captain of a team leaves, certain aspects of how the team plays will have to change, but the spirit of how they play never changes,” declared Prof Muigai.
He went on: “I will indeed continue with the spirit that has been cultivated by the former AG to ensure we transform this office to be the best in the continent.”
But he once again warned against rush amendments to the Constitution.
He also said that as the AG, his work was to advice the government on legal issues and will not take responsibility for the political decisions the country’s leaders will make.
On the International Criminal Court process, Prof Muigai explained that it was important that the government challenges the admissibility of the cases, “purely to uphold Kenya’s sovereignty”.
He said even though the six accused of bearing the greatest responsibility for post-election violence had capable lawyers, it was important that the government participates.
“It will be foolhardy to allow the process to go on without our intervention. This is to purely safeguard the interest of the country,” he added.
But he dismissed claims that he did not carry out his mandate as expected especially in prosecuting grand corruption.Mr Wako, who wished the new AG success, said he was leaving with lots ‘joy, peace and happiness’ in his heart.
While describing himself as a reformer, Mr Wako said it was high time Kenyans cultivated the culture of constitutionality and embraced the rule of law.
“Anyone who has read the history of this country will conclude very well that I have supported constitutional and legal reforms,” he said.
On his failure to prosecute those involved in grand corruption, Mr Wako absolved himself from blame.
“My work is to prosecute not to investigate. If those tasked with the work of investigating do not undertake their work properly, you don’t blame the prosecutor,” he declared.
And he listed several low moments in his 20-year-long career including the 2008 post-election violence.
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