Lawyers differ on Wako-US 'lawsuit'

Attorney-general Amos Wako’s threat to sue the United States government for defamation has elicited sharp reactions, with lawyers differing on whether he has a case.

While lawyer Kibe Mungai insisted that the AG had a “serious case”, which should be pursued to its conclusion, Law Society of Kenya vice-chairman James Aggrey Mwamu differs.

“He does not have a case... if I were him, I would lie low like an envelope,” Mr Mwamu told the Nation on Thursday.

“They have already revoked his visa. How then will he file his case in the US or even testify? The US must be having concrete evidence to back their allegations,” Mr Mwamu said.

He spoke as the US, for the second day running, refused to be drawn into the matter with ambassador Michael Ranneberger saying when contacted: “No comment.”

Mr Ranneberger also refused to say they would, in the long run, respond to allegations that they had refused to assist the government get to the bottom of mega-scandals like Anglo Leasing.

Mr Mungai told the Nation that the AG had performed his duties as required by law and asked why the US government had singled him out as an anti-reformer. “I have not seen any tribunal being formed to investigate him for under-performance,” the lawyer said.

In revoking the AG’s visa last week, the US described Mr Wako as “a senior government official, who had been obstructive to reforms”. But the AG, in defence fought off the claims.

He said: “In view of the reasons given, which are defamatory, it is my intention to seek legal advice with a view of instituting legal proceedings in the US.”