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| AG is summoned over Wagalla massacre By Judy Ogutu , Standard
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A Nairobi court yesterday ordered Attorney-General Amos Wako to appear in court to show cause why a case by Wagalla massacre victims should proceed without his response.
High Court judge, Justice Mohammed Ibrahim, also directed that should the AG fail to appear in person, he should swear an affidavit to show cause why the case should proceed without a replying affidavit from the State.
He made the orders after it emerged that the AG had not filed a replying affidavit.
Through Gitobu Imanyara and Company advocates, more than 300 plaintiffs sought the court�s direction on how to proceed.
After getting AG�s word, the court shall have discharged its duties and would not be responsible if the trial proceeds in default, Ibrahim said.
There was also no representation from the AG�s office yesterday
The 364 applicants are seeking a court declaration that the events that took place at the Wagalla Airstrip between February 10, 2025 and February 14, 2025 "were committed by known people serving in the Public Service". They want a court declaration compensating families of the victims.
Following the directive, the court should also order that a public inquest be conducted, they argue.
It should also order the District Magistrate�s Court in Wajir to open an inquest and the North Eastern provincial police boss to initiate steps necessary to conduct the inquest.
Yesterday, Justice Ibrahim said the case was serious and ought to have a replying affidavit.
"This is not merely a compensatory case but also to record the likely true events of the Wagalla saga in order that we all learn the truth, and if the allegations are true, how to avoid a repeat of such events in the future in this country," he said.
The court, he said, was not inclined to refer the matter to the Chief Justice on whether it should be heard by more than one judge.
He said he would only do so if it was clear the AG did not require to file a replying affidavit.
He gave the AG 15 days to do so and fixed a hearing date for November 9, 2005.
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