The Ethics and Anti-Corruption has insisted that former Kakamega Governor and Cabinet Secretary nominee Wycliffe Oparanya still has an outstanding corruption case.
In a statement on Friday, EACC said this is despite the Director of Public Prosecution having withdrawn earlier recommendations to have him prosecuted.
The clarification came after Oparanya, through his lawyers Marende and Nyaundi Advocates wrote to Parliament accusing the EACC of malice.
The anti-graft body said that it did not agree with the DPP's decision to withdraw his earlier approval to have the former governor charged.
"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," EACC stated.
"Instead, the Commission wrote back to the DPP reiterating its earlier recommendation to charge all suspects, including Wycliffe Oparanya."
Oparanya in his letter said that it was 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.
Oparanya's lawyers added that 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 the former governor are rested and declined.
“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.
In a letter dated July 29 and addressed to the Clerk of the National Assembly, EACC asked the House not to approve the nomination of Wycliffe Oparanya as Cabinet Secretary over alleged integrity issues.
It highlighted that Oparanya, the Co-operatives and Micro, Small and Medium Enterprises Development CS nominee is faced with an alleged graft case.
EACC noted that it had filed for preservation orders against Oparanya’s assets, as he is alleged to be in possession of proceeds from corruption arising from a conflict of interest, and that the matter is still pending in court.
In this case, EACC is seeking to recover the billions from Oparanya and several companies associated with officials of the Kakamega County government amounting to Sh1,387,310,025.