E-Clips:- Business Pictorial - Anglo-Leasing File Yet To Reach A-G

Attorney-General Amos Wako yesterday said he is yet to receive the investigation file on the Anglo-Leasing case. Wako said he would only prosecute those implicated in the Anglo-Leasing scam once presented with sufficient evidence under the law.

Wako said the matter was still under the Kenya Anti-Corruption Commission and under the KACC Act, investigations must be completed before handing over a report to his office to decide whether to prosecute.

He was responding to inquiries from journalists on whether he has received the Anglo-Leasing investigation report and when he would prosecute those implicated.

Wako said several foreign governments have extended support to Kenya on the investigations and that a team of Kenyan investigators visited the countries as part of their investigations.

Yesterday, Governance and Ethics Permanent Secretary, John Githongo was quoted as saying that four people believed to be the architects of the scandal could be charged in court. He said the files on the first case involving the Sh2.7 billion passports scandal with recommendations for prosecution would be placed before the A-G by month end. Wako was speaking in his chambers after receiving the Director of the Centre for African Peace and Conflict Resolution, Prof Ernest Uwaze.

Concerning Kamlesh Pattni’s reported luxurious abode at Kenyatta National Hospital, Wako said he is yet to get a report from Prisons Commissioner Abraham Kamakil and was therefore not in a position to comment.

Also present was federation of Kenya women lawyers (Fida) Jane Onyango and Solicitor-General Wanjuki Muchemi. The Center has sponsored projects on Alternative Dispute Resolution (ADR) in Africa since 1996 and is currently working with FIDA and other players in the legal sector towards the introduction of ADR in Kenya.

He said ADR would help reduce the number of pending commercial and civil court cases. "It would also reduce the cost and technical difficulties in pursuing such cases under the normal legal system," he said. The A-G said the established programmes for ADR include arbitration, mediation and conciliation, which are much, better that the current adversarial legal system used in Kenya and most Commonwealth countries.

Wako said the ADR programme is part of the ongoing Governance, Justice, Law and Order Sector Reform that incorporates the A-G’s office, police, Judiciary, Children’s Department, Probation and other stakeholders.

"We want to ensure Alternative Dispute Resolution has a place in the country’s legal system," he said. He said Nairobi has been picked as the center for regional arbitration in the Comesa region. Other countries include Lagos for the West Africa Region, Cairo for the Arab speaking countries and Kuala Lampur for Asia.

Wako said a committee has been set up to establish acceptable rules before ADR is adopted. "If firmly established family, commercial, land and divorce cases can be heard in a less tense and expensive manner," he said.

Uwaze said increased usage of ADR would help reduce court backlogs as conflict handlers do not have to be to be lawyers or judges. He, however, said the programme depends on whether the parties involved agree not to go to court in favour of alternative mediation.