Mr Wako said Prof Alston’s report had nothing to support its conclusions that he should resign
March 9th, 2009
Nairobi (Kenya) - Kenya's Attorney General Amos Wako Wednesday told off the UN Special Rapporteur on extra-judicial killings over establishment of witness protection programme in the country.
Speaking when he launched the Witness Protection Unit to be headed by Senior Principal State Counsel Alice Ondieki, Mr Wako took issue with rapporteur Philip Alston for failing to recognise efforts to set up the section. The AG also maintained that he would not resign following calls by Prof Alston who labelled him an embodiment of impunity in Kenya.
"In view of the cursory remarks made by the Special Rapporteur on Summary and Arbitrary Execution on this issue of the Witness Protection, let me state that the idea of enacting the Witness Protection Act was born out of the difficulties we experienced in successfully investigating and prosecuting corruption, organised criminal gangs and militias and cases arising out of ethnic clashes," Mr Wako said.
Prof Alston said after completion of a 10-day fact finding mission in the country that lack of key real witness protection programme in Kenya was main cause of impunity. He called for establishment of a well-funded witness protection program independent from the security forces and from the AG.
Prof Alston gave an example of a police whistle blower who was murdered last year after giving lurid detail to Kenya National Commission on Human Rights of how police executed 24 suspects whom they had arrested.
But on Wednesday, Mr Wako told a State Law Office/United States of America department of justice workshop on witness protection that the post-election violence following the 2007 polls made it imperative that the act be made operational "as a matter of urgency." Before the Act became operational on September 1 last year, Mr Wako said most witnesses and victims of post-election violence were unwilling to cooperate or testify for fear of reprisals.
Saying Kenya was now second country in Africa after South Africa to set up witness protection programme, a thing he said was not easy, Mr Wako said Prof Alston "should have been appreciative of what we have done so far, in spite of the constraints and struck a note of encouragement and appreciation."
"In fact, the Special Rapporteur should have used his good offices to appeal to the international community to support and co-operate with the government of Kenya in putting in place an effective witness protection programme," Mr Wako said.
Accompanied by recently appointed International Criminal Court judge, Lady Justice Joyce Aluoch and Director of Public Prosecutions Keriako Tobiko, the AG said the Witness Protection Programme will protect vulnerable witnesses from threats, intimidation and death by criminals for cooperating with law enforcement and protection authorities.
Ms Ondieki’s team drawn from the AG’s office, police, provincial administration and internal security, National Security Intelligence Services and the Immigration Department and Registrar of Persons. The unit will be based at NSSF Building in Nairobi and will receive and process witness protection requests, build networks with relevant key agencies and source for technical assistance from local and international partners among other things.
The unit’s terms of reference mandates it to offer protection and assistance to witnesses and victims of crime.
The AG said international cooperation is also needed as some witnesses might be relocated to another country. He added that a consultant had been enlisted to assist in building an effective, efficient and vibrant witness protection programme.
Mr Wako said Prof Alston’s report had nothing to support its conclusions that he should resign and that he will only consider stepping aside if proper reasons were given. He said Prof Alston should state specific instances where he had failed to prosecute cases taken to him after investigations.
source.The Nation (Kenya) - March 5, 2009.