E-Clips:- Business Pictorial - Wako On The Spot Over Role In Scandal

Emerging information on the Anglo Leasing scandal puts the Attorney- General, Mr Amos Wako, in a quandary.

Legally, the Kenya Anti-Corruption Commission (KACC) investigates corruption cases and compiles evidence which is then supposed to be handed over to the attorney general for prosecution.

But the Anglo Leasing investigations have put KACC and the AGs office on a collision course as the AG was the Governments legal adviser when the Anglo Leasing agreements were crafted.

KACC will now have to decide whether the AG is a prosecutor, witness or suspect, being the one who certified the Export Lease- Purchase Financing agreement between the Government and the Anglo Leasing and Finance Company Limited as legally sound.

Confidential documents show that as the Governments principal legal adviser, the AG wrote on August 3, 2001: "I have examined such laws and documents as I considered necessary for the purpose of this opinion.

In particular I have examined the provisions of Export Lease-Purchase Agreement dated August 21, 2001. "In my opinion, the agreement constitutes legal, valid and binding obligations of the lessee and is enforceable in accordance with its terms."

Mr Wako further wrote: "The Lessee (GoK) has duly obtained all approvals, consents and authorisations and the necessary declarations, filings or registrations which are required or appropriate in connection with the execution, delivery and performance of the agreement within Kenya."

The approvals the AG quoted in his legal opinion include one by the Cabinet of the three projects dubbed "high security priority projects" among them the Forensic Science Laboratories.

An extract of minutes of a Cabinet meeting that took place on August 27, 2001 sent by then secretary to the Cabinet, Dr Sally Kosgei, to then Finance minister Mr Okemo says in part:

"The minister of state presented Memorandum (CAB)(01)62, which sought approval for specified financing arrangements for priority security projects for the police force. "The Cabinet noted the contents of the Memorandum and approved use of Lease Financing as the appropriate mode of funding and use of Suppliers Credit for essential security equipment and supplies."