Okiya Omtatah Okoiti
9 November 2009
opinion
Far from being a soothing statement, it was like adding salt to our festering wound to waste our very limited taxes on paid up Press advertorials in which, referring to himself largely in the third person, Attorney General Sitswila Amos Wako defended his tenure by projecting himself as a reformer, and imputed malice on the part of the US Government for revoking his visa.
Presenting what is really a colourless list of achievements after two decades in absolute power, Mr Wako falsely claims credit for what others suffered personal pain, and even death, to achieve, like instituting multiparty democracy. Mr Wako misleads us further that his office is not an issue under Agenda Four yet envisaged judicial reforms will encompass his office.
Illeism, the act of referring to oneself in the third person, has a dark history associated with absolute monarchs, dictators, and supreme egoists. It is a sign of arrogance and it betrays a delusion of superiority. It's okay when a mother says to her baby, 'Mama will do X or whatever', but it's very weird in adult conversation.
Illeism is a symptom of narcissism, the personality trait of misplaced self-esteem. The self-absorption includes character traits concerned with self-image or ego, denoting vanity, conceit, egotism or simple selfishness that betrays elitism or an indifference to the plight of others. It takes an illeist to exhibit a smiling Mr Wako's usual condescending attitude and reckless disregard of public opinion.
More like an obedient general lobbing grenades to decimate reformers and protect the illicit status quo than a reputed human rights attorney doing all in his power to expand the democratic space, Mr Wako has single-handedly blocked Kenyans from using the courts to expand democratic space and constitutionalism.
Even where matters are actionable and would advance the causes of justice, reformers are reluctant to go to the courts. And it is not because of the many biased judges who pack our courts to gate keep for the system; it is AG Wako's knack for abusing the nolle prosequi that largely stops citizens from instituting private prosecutions, thus blocking reforms.
Mr Wako wields the nolle prosequi like a sword against society not as the shield. He gleefully overreaches himself to protect the imperial court through executive acquittals. He hijacks and terminates public interest litigations to guarantee instant and unqualified freedom for socially or politically prominent criminals.
The recent beneficiaries of Wako's executive acquittals include: aristocrat Tom Cholmondeley accused of murdering KWS Warden Simon ole Sisina; First Lady Lucy Kibaki whom KTN cameraman Clifford Derrick had sued for assault; then VP George Saitoti; Solicitor-General Wanjuki Muchemi who was facing criminal charges from Mr Apollo Mboya, a former State counsel; former Trust Bank chief Ajay Shah who was facing a Sh14-million theft case; Mr Madat Ali Chatur and two Air Force soldiers charged with evading tax amounting to millions; and Mr Maina Njenga the proscribed Mungiki sect leader acquitted when he was about to spill the beans in court.
Mr Wako did the unimaginable when he granted himself immunity from prosecution. He put himself practically above the law when he violated a fundamental rule of natural justice by terminating, in his own favour, a private prosecution against him by the LSK over the Anglo Leasing scandal.
For small fry like me, the AG has brutally abused the nolle prosequi to deny fair trials whenever we have had strong cases. He terminated my 2008 case where I was charged after chaining myself at the Police headquarters to protest police killing of unarmed protesters. He also dropped criminal libel charges against journalist Kamau Ngotho a day after he was allowed to challenge them.
Mr Wako has been a key promoter of unconstitutional governance. For 18 years, far from being a catalyst for change, democracy, rule of law, human rights, transparency and accountability, Mr Wako has been an insurmountable obstacle to reforms.
For me, it is the abuse of the nolle prosequi that epitomises his failure in toto as the defender of public interest. His rogue terminations of criminal proceedings to protect criminal elite in total disregard of the duty of his office to the public interest have undermined the credibility of our criminal justice system.
And since he has security of tenure he must bear full responsibility by vacating office now.
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