Post by Onyango Oloo on Aug 4, 2006 12:31:25 GMT 3
August 1, 2006
To the Attorney General of the Republic of Kenya
Hon. Amos Wako
State law office
Sheria House Nairobi
Dear Sir,
YOUR OFFICE IS RESPONSIBLE FOR THE TRAVESTY COMMITTED AGAINST KENYANS IN GOLDENBERG AFFAIR, WE DEMAND YOU IMMEDIATE RESIGNATION.
Sir, the Kenyan nation is shocked by the Constitutional Court ruling yesterday barring the Attorney General from prosecuting Hon. George Saitoti, the former Education Minister, who was Minister for Finance at the inception of the multi-billion Goldenberg scandal that brought Kenya’s economy to its knees. The ruling is a serious indictment of the Bosire-chaired Goldenberg Commission of Inquiry and the your failure to conduct business in a faithful, truthful and impartial manner in accordance with the mandate and powers that were granted to the Commission and your office by both the Commission of Inquiry Act and the appointing authority.
The Commission created rules and procedures that contravened the statutory powers and oath of office to summon witnesses to testify under oath in person and to produce any books, plans and documents that the Commission required. The rules and procedures that the commission formulated were discretionary instead of being mandatory as required by the Commission of Inquiry Act and the Appointing authority oath of office. By so doing, the Bosire Commission exposed its final report to ridicule, challenge in courts of law and raised basic legitimacy questions.
Due to this fact, which was actually confirmed by the High Court ruling in October 2004 ( in the Mwalulu and others suit against the Commission and your office), and the High Court ruling yesterday, the principal suspects in the Goldenberg scandal will successfully hide from justice, the truth will be concealed and accountability hindered.
The failure by your office to ensure that the Goldenberg Commission acted in accordance with the law to summon those adversely mentioned in the Commission’s proceedings was a betrayal as it was unlawful, intentional and without sufficient cause. Recall that in the Mwalulu and others case you your office actually went to court to challenge the Constitutional court ruling which among other things directed that all constitutional office holders at the time of the Golden berg and who had adversely been mentioned to appear before the commission.
Through that action, which we argue was calculated and intentional, you did not only facilitate the defeat of justice that Kenyans have been demanding for long but you actually engaged in a well calculated protection of the culprits and cover-up and thus indirectly undermined the integrity and results of the commission’s work. Your actions can only give credence to the fears held by Kenyans that the NARC government from the start on was deliberately avoiding to conclusively investigate, prosecute and dismiss those it considered key insiders accused of corruption. The Commission might have been set up to launder the corrupt and bring to naught the desire for accountability and the end to impunity. When the commission published its report, NCEC expressed fears that the Commission and your office were up to mischief. To confirm NCEC’s fears the commission had this to say in its report in refusal to recommend prosecutions
“We have agonized on whether or not to recommend prosecution. We have, however, decided against such recommendation as there are many imponderables on what the AG considers before deciding to prefer criminal charges against any person or group of people”.
Sir, you are fully aware, that the Goldenberg Commission had the powers and mandate to recommend prosecution and to recover stolen public resources but it failed to act expeditiously and according to the powers given to it by the appointing authority. The Commission had the powers to summon anybody and access any documents required to obtain evidence.
The High Court ruling on October 2004 in the Hon. Mwalulu and Others Vs. Goldenberg Commissioners and the AG case, confirmed this fact and directed that the Bosire Commission does not wind up hearings without summoning all those adversary mentioned to appear in person before it. It is clear to the world that the Constitutional court ruling yesterday brought out this issue when it pointed out that the commission discriminated against Prof Saitoti and ignored evidence. It is your office that created this loophole. It is now up to you to tell Kenyans that the loophole was not preconceived.
The actions of the Commissioners and your office undermined the credibility of the Bosire Commission right from the beginning and exposed its weaknesses to the public. In this instance, the High court outcome yesterday only confirms that the Commission’s work was hollow to the extent that it never succeeded in hearing directly the real culprits who authorized Goldenberg deals. This, however, does not demean fundamentally the work of the Bosire Commission for it provides key lessons and does lay foundations for confronting state impunity and the abuse of office.
The Biwott and Botha lessons you ignored
Sir, it being that you were the AG when Hon. Biwott successfully challenged the recommendations and authority of the Akiwumi Commission of inquiry into the Ethnic and Land clashes and got his name expunged from the report and; knowing that P.W. Botha, the former Apartheid President of South Africa successfully got all sections indicting him of gross human rights violations expunged from the South African Truth Commission report, it is abundantly clear to us that you and the Commissioners intentionally plotted the defeat of the Bosire Commission’s work.
A tribunal to investigate your conduct and capacity to execute your mandate
But that notwithstanding, the President should immediately and swiftly appoint a special tribunal in accordance with the law to investigate your conduct and capacity to deliver on and perform your constitutional functions and responsibilities. Sir, it is our demand that you should stand suspended pending the completion of such an investigation. It is our position that you have stood on the way of justice for far too long, supervising the rot at the state law office, encouraging the taking root of corruption and incompetence in the management of public affairs. It is our demand to you that you consider doing the Honorable thing, to resign honorably in the public interest if it is the case that your sacking has not been considered by the President of the republic of Kenya to be of priority.
Signed for and on behalf of NCEC by
Ndung’u Wainaina
Programme Manager,
Communication, Outreach and Network, NCEC
C.C
All media Houses
The President of the Republic of Kenya
All NCA-NCEC Grass root leadership in Kenya
Civil society organizations
Diplomatic and development Missions in Kenya
The Law society of Kenya
The Kenya Private sector alliance
Religious organizations in Kenya
To the Attorney General of the Republic of Kenya
Hon. Amos Wako
State law office
Sheria House Nairobi
Dear Sir,
YOUR OFFICE IS RESPONSIBLE FOR THE TRAVESTY COMMITTED AGAINST KENYANS IN GOLDENBERG AFFAIR, WE DEMAND YOU IMMEDIATE RESIGNATION.
Sir, the Kenyan nation is shocked by the Constitutional Court ruling yesterday barring the Attorney General from prosecuting Hon. George Saitoti, the former Education Minister, who was Minister for Finance at the inception of the multi-billion Goldenberg scandal that brought Kenya’s economy to its knees. The ruling is a serious indictment of the Bosire-chaired Goldenberg Commission of Inquiry and the your failure to conduct business in a faithful, truthful and impartial manner in accordance with the mandate and powers that were granted to the Commission and your office by both the Commission of Inquiry Act and the appointing authority.
The Commission created rules and procedures that contravened the statutory powers and oath of office to summon witnesses to testify under oath in person and to produce any books, plans and documents that the Commission required. The rules and procedures that the commission formulated were discretionary instead of being mandatory as required by the Commission of Inquiry Act and the Appointing authority oath of office. By so doing, the Bosire Commission exposed its final report to ridicule, challenge in courts of law and raised basic legitimacy questions.
Due to this fact, which was actually confirmed by the High Court ruling in October 2004 ( in the Mwalulu and others suit against the Commission and your office), and the High Court ruling yesterday, the principal suspects in the Goldenberg scandal will successfully hide from justice, the truth will be concealed and accountability hindered.
The failure by your office to ensure that the Goldenberg Commission acted in accordance with the law to summon those adversely mentioned in the Commission’s proceedings was a betrayal as it was unlawful, intentional and without sufficient cause. Recall that in the Mwalulu and others case you your office actually went to court to challenge the Constitutional court ruling which among other things directed that all constitutional office holders at the time of the Golden berg and who had adversely been mentioned to appear before the commission.
Through that action, which we argue was calculated and intentional, you did not only facilitate the defeat of justice that Kenyans have been demanding for long but you actually engaged in a well calculated protection of the culprits and cover-up and thus indirectly undermined the integrity and results of the commission’s work. Your actions can only give credence to the fears held by Kenyans that the NARC government from the start on was deliberately avoiding to conclusively investigate, prosecute and dismiss those it considered key insiders accused of corruption. The Commission might have been set up to launder the corrupt and bring to naught the desire for accountability and the end to impunity. When the commission published its report, NCEC expressed fears that the Commission and your office were up to mischief. To confirm NCEC’s fears the commission had this to say in its report in refusal to recommend prosecutions
“We have agonized on whether or not to recommend prosecution. We have, however, decided against such recommendation as there are many imponderables on what the AG considers before deciding to prefer criminal charges against any person or group of people”.
Sir, you are fully aware, that the Goldenberg Commission had the powers and mandate to recommend prosecution and to recover stolen public resources but it failed to act expeditiously and according to the powers given to it by the appointing authority. The Commission had the powers to summon anybody and access any documents required to obtain evidence.
The High Court ruling on October 2004 in the Hon. Mwalulu and Others Vs. Goldenberg Commissioners and the AG case, confirmed this fact and directed that the Bosire Commission does not wind up hearings without summoning all those adversary mentioned to appear in person before it. It is clear to the world that the Constitutional court ruling yesterday brought out this issue when it pointed out that the commission discriminated against Prof Saitoti and ignored evidence. It is your office that created this loophole. It is now up to you to tell Kenyans that the loophole was not preconceived.
The actions of the Commissioners and your office undermined the credibility of the Bosire Commission right from the beginning and exposed its weaknesses to the public. In this instance, the High court outcome yesterday only confirms that the Commission’s work was hollow to the extent that it never succeeded in hearing directly the real culprits who authorized Goldenberg deals. This, however, does not demean fundamentally the work of the Bosire Commission for it provides key lessons and does lay foundations for confronting state impunity and the abuse of office.
The Biwott and Botha lessons you ignored
Sir, it being that you were the AG when Hon. Biwott successfully challenged the recommendations and authority of the Akiwumi Commission of inquiry into the Ethnic and Land clashes and got his name expunged from the report and; knowing that P.W. Botha, the former Apartheid President of South Africa successfully got all sections indicting him of gross human rights violations expunged from the South African Truth Commission report, it is abundantly clear to us that you and the Commissioners intentionally plotted the defeat of the Bosire Commission’s work.
A tribunal to investigate your conduct and capacity to execute your mandate
But that notwithstanding, the President should immediately and swiftly appoint a special tribunal in accordance with the law to investigate your conduct and capacity to deliver on and perform your constitutional functions and responsibilities. Sir, it is our demand that you should stand suspended pending the completion of such an investigation. It is our position that you have stood on the way of justice for far too long, supervising the rot at the state law office, encouraging the taking root of corruption and incompetence in the management of public affairs. It is our demand to you that you consider doing the Honorable thing, to resign honorably in the public interest if it is the case that your sacking has not been considered by the President of the republic of Kenya to be of priority.
Signed for and on behalf of NCEC by
Ndung’u Wainaina
Programme Manager,
Communication, Outreach and Network, NCEC
C.C
All media Houses
The President of the Republic of Kenya
All NCA-NCEC Grass root leadership in Kenya
Civil society organizations
Diplomatic and development Missions in Kenya
The Law society of Kenya
The Kenya Private sector alliance
Religious organizations in Kenya
