Kenya’s former AG Wako, family barred from entry into US over graft

By Steve Umidha

The government of the United States of America (USA), has banned Busia Senator Amos Wako from entering its country.

“Today, the Department designates former Kenyan Attorney General Amos Sitswila Wako due to his involvement in significant corruption.  This designation is made under Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (Div. F, P.L. 116-6), as carried forward by the Continuing Appropriations Act, 2020 (Div. A, P.L. 116-59).

Section 7031(c) provides that, in cases where the Secretary of State has credible information that officials of foreign governments have been involved in significant corruption, those individuals and their immediate family members are ineligible for entry into the United States,” reads the statement in part.

Amos Wako is a former Attorney General of Kenya and the first senator for Busia County in Western province of Kenya from 2013 to 2017. Wako won the senatorial seat after defeating former minister of finance Chris Okemo. He won the senator seat on an Orange Democratic Movement being led by Prime Minister Raila Odinga.

US laws also requires the Secretary of State to publicly or privately designate such officials and their immediate family members.  In addition to the designation of Mr. Wako, the Department is also publicly designating Wako’s wife, Flora Ngaira, and son, Julius Wako.

“Today’s action sends a strong signal that the United States is a valuable partner in Kenya’s fight against corruption.  Economic prosperity for all Kenyans is only possible by defeating the scourge of corruption, which also requires a functional, fair, and transparent criminal justice system.  The United States will continue to stand with all Kenyans as they strive to curb and punish corruption in Kenya,” continued the statement.

In October 2009 he was given a travel ban by the USA for ‘deliberately blocking political reforms’ following post-poll violence in 2008. Mr Amos Wako left the State Law Office on 26 August 2011 as per the new constitution which demanded him to leave office One year after its promulgation. He was Succeeded by Prof Gitu Muigai.

A lawyer by profession Amos Wako served as the Attorney General of the republic of Kenya for 20 years (from 13 May 1991 to 26 August 2011). during his reign as the attorney general Wako was an Advocate of the High Court of Kenya,a member of the International Commission of Jurists, Member Council of Legal Education, was a Member Council of International Bar Association. Legal Advisor to Young men Christian Association (Y.M.C.A.) and Kenya Boy Scouts Association. Member Faculty Board of Law, University of Nairobi Member, O.A.U. Committee of experts on the O.A.U. charter Review Committee and African Charter on Human and Peoples Rights. In 1977 Wako was Awarded fellow International Academy of Trial Lawyers, and 1978 he was Honoured as a life member of Wiltshire Bar Association

Wako was born in Kenya and served as LSK chairman from 1979 to 1981. He was also held numerous positions in regional and global bodies dealing with constitutional and governance affairs.

Amos Wako has been the Attorney General at a historic and transitional period in the history of Kenya.

Oversaw the transition from one party state to a multiparty democracy (December 1991) and from one Government to another through a free and fair election in which the ruling (KANU) was defeated by the opposition (NARC) (December 2002).

Piloted through Parliament the necessary Constitutional amendments and legislation including providing for a multi-party democratic State and setting up of an independent Electoral Commission. Chaired National Constitutional Conferences consisting of Members of Parliament, religious leaders and representatives of the civil society. Member of the Constitution of Kenya Review Commission.

Drafted the proposed new Constitution of Kenya based on the Constitution of Kenya Bill as drafted by the National Constitutional Conference and as amended by Parliament. This was Draft constitution was nicknamed “the Wako Draft”, but failed miserably at the 2005 Kenyan Constitution Referendum.

He kept his position as Attorney General through the transition from Daniel Moi and Mwai Kibaki. He is dealing with the Goldenberg Scandal , a long-running corruption scandal that has lasted his entire time as Attorney General.