AG says no amnesty for poll violence youths

Attorney General Amos Wako has ruled out amnesty as an option for perpetrators of post election violence. 

The AG further told the Commission of Inquiry into the Post Election Violence that leaders who are found to be guilty of offences related to the chaos should be barred from holding public office.

“It is in the view of the Attorney General that all cases where there is evidence must be prosecuted and where no sufficient evidence can be gathered then such cases should be terminated,” Mr Wako said when he appeared before the Commission early on Monday.

The AG further told the Waki Commission that a ban on live broadcast invoked on December 30 was illegal. He said that this was his advice following the ban made by the then Internal Security Minister John Michuki.

Mr Wako also told the commission that the government did not have any policy on shoot to kill.

The AG, who appeared as a witness before the Justice Phillip Waki led commission, also called for the overhaul of the criminal judicial system in the country. Mr Wako said that the country lacked the capacity to investigate various criminal acts.

He asked the Waki Commission to recommend that a directorate of criminal investigations be established through an Act of Parliament and placed under the AG’s office.

The AG also recommended security of tenure for the offices of the Police Commissioner and the Director of Public Prosecution. Mr Wako said that if acted upon the recommendations would grant criminal investigators independence and rid the country a culture of impunity.

“I wish my hands could be strengthened to deal with the issue of investigations. I wish I had the power not only to control but also to direct investigations,” said the AG.