B.Timer wrote:President Kenyatta blames Anglo Leasing pay on AG!!Quote:He tore into the Attorney General’s office and demanded that they “up their game” in fighting the country’s legal battles abroad.
The revelation formed the core of the President’s argument that Kenya had no choice but to pay Sh1.4 billion to two controversial firms, after losing cases to them in London and Geneva.
“We must up our game so that our counsel can stand by what all Kenyans including myself believe that we should not be paying this and we need to be able to win all those court battles in the courtroom,” he told journalists at State House, Nairobi.
Lets differentiate Githu Muigai and the AG office.
It had previous holders who intentionally failed to actively engage the courts on this cases probably with instruction not to and allow the case to fail.
lets start from the contact.if there is contract - willing buyer and seller and a consideration( price) signed by both parties that's a contract under the English law.
either parties can sue for non delivery.
this is usually enforceable in a a court of law unless proven signed under undue influence, illegality etc.
Thats where the lawyer should have come in to argue the case and prove illegality.
but who is the paymaster in this case??
the government.
were they willing to allow this to happen??
Remember the contract was legally binding. People were bound to loose serious money.
do you think they were going to allow this to happen?
NEVER!
People forget the AG office is state's hatchet man.
Doing the Government bidding just like a mafia's
consigliereemployed to do the states bidding.
he is the legal advisor and defender of the government.
The opposition also failed in never following up with the case.
they left it to the lawyers.
to them they had won,
embarrassed the government and scored political points on the corruption war front.
they won the battle but lost the war.
But they should have pursued the battle to the court of law and ensured they won with concrete arguments not rhetoric.