AG office dismiss lawyer's claims

• Allegations are wild and baseless and only calculated to embarrass the Attorney General Amos Wako and his officers.

The State Law Office has dismissed accusations by a city lawyer that its officers have been deliberately losing cases against the government.

While seeking to strike out an affidavit filed by lawyer Kenneth Kiplagat, Deputy Solicitor General Muthoni Kimani told the court Thursday that it was not true that the AG’s office has also been compromising some cases.

She said the contents of the statement were injurious to the AG’s office.

Ms Kimani said that most of the allegations made by Dr Kiplagat were wild and baseless and only calculated to embarrass the Attorney General Amos Wako and his officers.

According to her, the contents of the affidavit had not been supported by facts adding they were “meant to deceive the court and the general public”.

In the affidavit, the lawyer alleges plans by the civil department in the AG’s office to weaken Kenya’s case before the International Centre for Settlement of Investment Disputes (ICSID).

According to him, attempts were made to frustrate the case so that Kenya could lose the Sh40 billion case.

The lawyer further terms the State Law Office as a “deal-making chamber where cases are routinely compromised and fraudulent settlements made to the prejudice of the taxpayer”.

Prosecute case

Ms Kimani said such accusations were meant to “annoy the civil department in the AG’s office to drop the case”. She, however, said the officers (in the State Law office) were focused and would prosecute the case to the end.

She pleaded with the court to strike out the affidavit saying it was perpetuating indecencies which should be suppressed.

“His intentions are clear and meant to bring disrepute to the AG and officers in his chambers and the government in general,” she said.

Ms Kimani further said the affidavit was irrelevant to the taxation case and only meant to conceal what transpired before the ICSID.

She promised to call witness who will allegedly demonstrate roles played by Dr Kiplagat at the international tribunal 11 years ago.

Saying that witnesses would be availed to the court at the opportune time, Ms Kimani added that Dr Kiplagat “merely attended the proceedings”.

The counsel wondered why Dr Kiplagat had not made a report to the Kenya Anti-Corruption Commission (Kacc) if it was true the State Law office was corrupt as alleged.

Acted for Kenya

Dr Kiplagat alleges that he acted for Kenya at the tribunal and resisted several moves to weaken the case brought by businessman Nassir Ibrahim Ali.