- In a letter dated July 29 and addressed to National Assembly Clerk Samuel Njoroge, EACC informed the House that Oparanya has a pending graft case.
- Oparanya in his letter to the House says the DPP established that the monies EACC claimed were kickbacks were infact a loan and dropped charges.
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Co-operatives and MSME Development CS nominee Wycliffe Oparanya has written to Parliament disputing claims by the Ethics and Anti-Corruption Commission that he has a pending corruption case hanging over his head.
In a letter dated July 29 and addressed to National Assembly Clerk Samuel Njoroge, EACC informed the House that Oparanya has a pending court case on various charges including money laundering, conflict of interest and abuse of office involving Sh1.3 billion.
The commission said that even though the former Kakamega governor obtained conservatory orders preventing his arrest or prosecution, “the matter is pending in court”.
The court sitting in Kakamega set September 20, 2024, when it will issue further directions.
“The Commission also filed an application for preservation orders against assets of the nominee. The Commission has obtained orders preserving money Sh28,900,000 through Nairobi High Court Anti-Corruption and Economic Crimes Court The matter is pending in court,” EACC CEO Twalin Mbarak told the clerk.
He said the information provided is based on records available as of July 29, 2024.
But on Thursday, Oparanya wrote to the clerk and dismissed EACC’s version of the story saying all corruption charges that had been leveled against him by the commission were dropped by the ODPP.
Through Marende and Nyaundi Advocates, Oparanya who is in the fourth batch of CS nominees to be vetted on August 4, termed EACC’s communication to the House as malicious.
“The letter by the EACC dated July 29, 2024 disregards and ignores a letter by the Office of the Director of Public Prosecutions, dated July 8, 2024, in which he informed the EACC that he 'has reviewed the decision to charge all the suspects in the matter and directed that the file be closed for lack of sufficient evidence,” Oparanya said.
In the said letter, the DPP noted that he had reviewed and found no evidence of corruption as the monies EACC claimed were proceeds of corruption were a loan and not a bribe.
“The premise of the earlier decision to charge was that the monies from Sesela Resources Ltd & Sabema International Ltd was a kickback or a bribe or money laundering scheme by the governor but going by the fact that it has been established it was a loan, there is need to review that decision to charge,” acting deputy director of public prosecutions Joseph Riungu told EACC.
“In the circumstances and bearing in mind the standard of proof required in criminal cases which is proof beyond any reasonable doubt, the Director of Public Prosecutions finds that it will be an uphill task to secure a conviction in this matter and has reviewed the decision to charge all the suspects in the matter and directed that the file be closed for lack of sufficient evidence unless there is further evidence to necessitate further inquiry,” he added.
Oparanya said 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.
“There cannot be greater manifest malice,” he said of EACC’s letter.
“We are instructed to inform you that there is neither investigation nor charges 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.