EACC tells National Assembly not to approve Oparanya’s nomination as CS

Graft cases continue to haunt former Kakamega Governor Wycliffe Oparanya as EACC tells the National Assembly not to approve his nomination over integrity issues.

In a letter dated July 29, 2024, and addressed to the Clerk of the National Assembly, the Twalib Mbarak-led Ethics and Anti-Corruption Commission noted that the Co-operatives and Micro, Small and Medium Enterprises Development CS nominee was facing a graft case.

The commission also noted that it has filed for preservation orders against Oparanya's assets. He is suspected of holding proceeds from corruption, allegedly resulting from a conflict of interest.

The case is currently pending in court.

According to the Public Appointments Act, which outlines procedures for Parliamentary approval of constitutional and statutory appointments, the issues for consideration by the relevant House regarding any nomination include the procedure used to select the nominee and any constitutional or statutory requirements related to the office in question.

Also, the suitability of the nominee for the proposed appointment must be evaluated based on whether their abilities, experience, and qualities meet the needs of the body to which the nomination is being made.

The Constitution, in this case, mandates the EACC to implement the provisions of Chapter Six on Leadership and Integrity to provide direction on the nominee's suitability regarding integrity issues.

Last week, Oparanya encountered a major setback after the High Court declined to unfreeze his assets in the ongoing graft probe in relation to the alleged embezzlement of Sh1.3 billion during his two-term tenure as the Kakamega Governor.

Justice Esther Maina of the Milimani Law Courts rejected a plea by the former county boss not to extend the preservation orders for his property including his Karen house valued at Sh89 million, pending the conclusion of investigations and a recovery suit by EACC.

The judge granted Oparanya 14 days to file his bank statements, which he claims will prove that the assets are not proceeds of crime.

The former Governor is scheduled to appear before National Assembly Committee on Appointments for vetting on Sunday, August 4, 2024.

Ahead of the vetting process, the Orange and Democratic Movement (ODM) party on Wednesday confirmed the resignation of Oparanya and three of its top officials following their nominations to cabinet.

Through a statement, the opposition party said the four who were nominated by President William Ruto last week: Hassan Joho (Blue Economy), Oparanya, Opiyo Wandayi (Energy and Petroleum) and John Mbadi (Treasury) were released in good faith to go serve the nation.

“The party has officially released its officials who were recently tapped by President Ruto for national duty as cabinet secretaries. I confirm that I have received the resignations of Mbadi as National Chairperson, Opiyo as Secretary for Political Affairs, Opranya and Joho as Deputy Party leaders and Beatrice Askul Moe as Member of the Party Elections Committee,” said Edwin Sifuna, the Party’s Secretary General.

Moe was nominated to the Ministry of East African Community Affairs (EAC) and Regional Development.