Arnold Ageta
Former Kakamega Governor Wycliffe Oparanya has moved to compel the Ethics and Anti-Corruption Commission to withdraw the letter to the National Assembly regarding his alleged involvement in corruption.
Oparanya’s lawyer Danstan Omari on Friday wrote to the commissioners individually, demanding an apology over the letter which he said portrayed the former Orange Democratic Movement Deputy Party Leader in bad light at a time when he was rearing to be vetted by the Appointments Committee on Sunday.
Oparanya is scheduled to appear on Sunday before the vetting Committee which is expected to determine his suitability as the cabinet secretary for Cooperatives and Micro, Small and Medium Enterprises Development.
The Commission had written to the Clerk of the National Assembly expressing its reservations on the fitness of Oparanya to serve as the Cabinet secretary, stating that he was being investigated over alleged economic crimes that he purportedly committed while serving as Kakamega Governor.
In his demand letter to the commission Chief Executive Officer Twalib Mbarak and the six Commissioners, Omari said the Anti-corruption agency did not have any mandate to write to the Parliamentary Committee over the fitness of Oparanya in matters that were directly under a different constitutional office.
According to the lawyer, EACC surpassed its mandate by usurping the roles of the Director of Public Prosecutions whose mandate was to determine culpability of suspects in criminal matters alleged against them.
The lawyer also said the Commission acted prejudicially by condemning Oparanya as a person who had committed crimes that have not been tried before a court of law.
He argued that the office of the Director of Public Prosecutions had analysed the former governor’s corruption allegations and found no case against him and that it was prejudicial for EACC to resurrect the issues.
“As per the impugned letter, EACC claimed to have conducted investigations on alleged acts of corruption against our client and consequently submitted a report to the Director of Public Prosecutions recommending his prosecution,” read part of the letter. “However, the EACC selectively failed to disclose the legal implications of the fact that on July 25, 2024, the ODPP delivered to the Commission the letter dated July 8, 2024 withdrawing the decision to charge our client.”
The advocate cited ill motives by the EACC in its dealings.
“If EACC is not satisfied with the work the office of the DPP in determining how matters should be prosecuted, he should learn to consult instead of doing things in the manner he did by writing to Parliament over a matter which was dispensed by the State prosecutor,” Omari said.
The advocate assured that the planned vetting of Oparanya will go on as planned and that already, the Committee had given the Governor a clear way for the public scrutiny of his suitability.
Oparanya, who recently resigned as ODM Deputy Party Leader, argues that it is surprising that whilst the EACC received the DPP’s communication on July 8, 2024, it still ignored the communication and went ahead and wrote to Parliament on July 29, 2024.
However, EACC on Friday, August 2, 2024, sought to clarify why it declined the ODPP’s decision.
The anti-graft agency, in a statement shared via their official social media accounts, said it had not acted with malice in the corruption case against Oparanya.
“The commission 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,” EACC statement read.
EACC says Oparanya is facing offence of corruption, abuse of office, conflict of interest, and money laundering.
Meanwhile, Makau Mutua has asked Oparanya to step down because EACC has flagged him over past allegations.
“Oparanya’s nomination has become untenable,” he wrote on his X account. “He should spare the country and fall on his own sword.
He further said that there must be a suitable replacement form the great people of Kakamega County.
