Amos Wako: My Exit Won't Be My End

For many years, he has been regarded as a major stumbling block to reforms, AG Amos Wako defends his record, senior political writer, OSCAR OBONYO talked to him about his tenure

You are set to leave office in a year’s time, what would you want to be remembered for most as AG?

When I was appointed in 1991, I was asked the same question. I responded that I want to be remembered as a constitutional and legal reformer. I became AG at a volatile period at the height of the clamour for multiparty democracy and by December the same year, I moved constitutional amendments, which opened doors for multiparty democracy.

The following year I moved another amendment, which restored the independence and expanded functions of the electoral commission. Besides, I embarked on an ambitious programme of law reforms by appointing 17 task forces that examined various laws.

Many were enacted as a result. I also told Parliament it was my desire that after the 1992 elections, we embark on a new constitution review process. I do not wish to get into the twists and turns of that process but my joy is that by God’s grace I have been able to stay long enough as AG to witness the promulgation of the Constitution.

Many say you are like a cat with nine lives, what has been your survival secret?

I may be smart but the good Bible reminds me not to value myself higher than others. I have come across some, even younger lawyers, who may be sharper than me. With humility, they have equal chances of staying afloat for long.

How would you describe your relationship with Presidents Kibaki and Moi, during this lengthy period?

Cordial and without their confidence in me I would not have survived this long. I have rendered the best professional service to both presidents, however unpalatable my advice has sometimes been to them. There is much more about our relations, but that is for my memoirs to be published soon.

What have been some of your lowest moments?

After a huge struggle in Cabinet in 1992, I convinced members on the need for an amendment to provide for the post of Prime Minister and published a Bill to that effect. Soon after the Kanu Parliamentary Group met and I was directed to withdraw the Bill. I have never felt so frustrated! Some of the law reform task forces I had formed equally raised eyebrows as a Cabinet minister convinced higher authorities that oppositionists and spies from President Museveni’s Government had infiltrated them.

What about the US visa ban?

It was sheer mischief and I saw it coming. But everything was squared the moment I issued a rebuttal statement. If you insist on understanding the type of person (US Ambassador, Michael Ranneberger) partly behind it, go to his website and read for yourself what his specialty really is in the world of diplomacy. Everything will fall in place.

But Ranneberger and Philip Alston (UN Special Rapporteur on extrajudicial executions) raised what seemed to be genuine concern over your alleged perpetuation of impunity.

For the AG to be accused of impunity it must be demonstrated that proper investigations were done and files with sufficient evidence presented to the AG who then refused to prosecute. In most jurisdictions around the world, criminal investigations fall under the AG. In Kenya, officers in the criminal investigations department are answerable to the police and the minister responsible in the Office of President. Unfortunately Allston refused to appreciate how our system works as he had a pre-determined agenda.

How about claims by some lawyers that you have previously misused your constitutional privileges of editing Bills for spelling and grammar, to alter the meaning of some laws?

What the lawyers appear to be referring to is the judgement by Justice Mbaluto in 1992. But they completely do not take into account the press statement I issued at the time. Mbaluto made the ruling ex parte without hearing the position of the AG. Had my position been heard I am confident he would have agreed I exercised my rights correctly as my input was reflection of what had been agreed on in Cabinet and Parliament.

Explain your role in the negotiation process

I was not part of the Serena Team but my office drafted the resultant document. There was a major deadlock over whether what had been agreed required a constitutional amendment or not. While PNU argued whatever had been agreed could be executed without constitutional amendment, ODM maintained it must be enshrined in the Constitution. For the deal to be operationalised, I advised it should be constitutionalised. Had I given political and not professional advise at that moment, the ice might not have been broken and the peace deal may have perhaps never been struck.

You have 12 months in office, what major tasks are on your desk?

I will give the implementation all the backing necessary. If there legislations that can be fast-tracked, I will ensure that happens.

Finally, what are your plans on leaving office?

I am a professional and one of the leading commercial arbitrators in Africa. One of the options is to revive that calling. Alternatively I will be available to my people of Busia to serve in any elective or appointive position they deem fit

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