EACC insists Oparanya has a case to answer in suspected corruption

The Ethics and Anti-Corruption Commission (EACC) has insisted that former Kakamega governor Wycliffe Oparanya, who has been nominated to join President William Ruto’s Cabinet, still faces an unresolved corruption case.

In a statement released on Friday, the EACC emphasised that it did not accept the withdrawal of recommendations by the Director of Public Prosecutions (DPP) to prosecute Oparanya.

This was after Oparanya’s lawyers, led by Mr Ken Nyaundi, accused EACC of malice for insisting that the former governor still had an outstanding corruption case.

"The Commission distances itself from these accusations by Oparanya's lawyer Ken Nyaundi and clarifies that while it is true that on July 25, 2024, the ODPP delivered to the Commission a letter dated July 8, 2024, withdrawing the DPP's decision of December 18, 2023 that had granted EACC consent to charge Oparanya, the Commission did not accept the DPP's U-turn on the matter," reads the statement.

EACC said it wrote back to the DPP reiterating its earlier recommendation to charge all suspects, including Oparanya. Nyaundi is also a suspect in the case.

This clarification follows a letter from Oparanya's lawyers, Marende and Nyaundi Advocates, accusing the EACC of acting maliciously.

In his letter, Oparanya expressed surprise that despite the EACC receiving the DPP's communication on July 8, 2024, the commission chose to ignore it and proceeded to write to Parliament on July 29, 2024.

"There cannot be greater manifest malice," he said.

CLARIFICATION ON THE ISSUES RAISED BY HON. WYCLIFFE OPARANYA’S LAWYERS REGARDING HIS INTEGRITY CLEARANCE BY EACC

In a letter dated 1st August, 2024 addressed to the National Assembly and widely circulated to media houses, Advocates for Hon. Wycliffe Ambetsa Oparanya, Cabinet… pic.twitter.com/Xg9ZES5rYy

— EACC (@EACCKenya) August 2, 2024

Oparanya's lawyers added that on the strength of the DPP's letter and upon receipt of the same, the EACC should recognise that the CS nominee for Cooperatives has no pending case.

"We are instructed to inform you that neither investigation nor charges are pending against Hon Oparanya to merit any well-intentioned complaint against him. It is noteworthy that on the strength of the DPP's letter and upon receipt of the same, the EACC should recognise that any claims of wrongdoing on the part of Hon Oparanya are rested and declined," the law firm told Parliament.

But in a letter dated July 29 and addressed to the clerk of the National Assembly, EACC asked the National Assembly not to approve Oparanya’s nomination over integrity issues.

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

Oparanya has been scheduled to appear before MPs for vetting on Sunday.

Speaking during the Luhya community development conference last weekend, Oparanya declared that he was ready to serve in the Kenya Kwanza government.

"The most important thing is that I am ready to serve in this government of national unity. I will be open, offer suggestions and propose what is best for the country because we want to move forward for the good of our nation," he said.

The former governor said since he participated in the development of the Vision 2030 plan, he is aware of what is expected of him by the Head of State.