EACC and the DPP have given varied verdicts in regard to whether or not former Kakamega governor Wycliffe Oparanya has a graft case to answer.
Whilst the DPP dropped charges against the MSME Development CS nominee on July 8, 2024, EACC maintains that Oparanya has a pending case relating to money laundering and conflict of interest, allegations Oparanya has denied and termed EACC’s claims as malicious.
In the letter, Deputy Director of Public Prosecutions Joseph Riungu informed EACC CEO Twalib Mbarak that the monies upon which the commission sought to charge Oparanya were not kickbacks or bribes but a loan intended for the purchase of a house.
“Most of the charges proposed were premised on monies paid by the Director of Sabema International Ltd and Sesela Resources Ltd one Joseph Obulunji Okutoyi (E5) to the firm of Marende & Nyaundi Company Advocates (Hon Wycliffe Oparanya’s advocate) to enable Mr Oparanya to purchase a house in LR No.10034 located at Forest Edge Green Villas in Karen,” Riungu said.
“It has since been established that the monies alleged to have been money laundered was a loan advanced to Hon. Wycliffe Oparanya who has not repaid the same to date,” he added pointing out that Obulunji has since moved to court seeking to have the former governor repaid the amount.
Riungu said that in view of the above circumstances, the DPP established that there was not sufficient evidence to charge Oparanya and “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”.
But in a quick rejoinder, EACC differed from the DPP.
In a letter dated July 31, Mbarak told DPP Renson Ingonga that the monies alleged to be a loan for the purchase of a house were not for the said purpose.
“It is, therefore, worth pointing out that the monies paid by the Director of M/S Sabema International Limited and M/S Sesela Resources Limited was not intended for the purchase of a House on L.R. No. 10034 located at Forest Edge Green Villas in Karen as the same was already registered in the name of Hon Wycliffe Oparanya and his spouse.”
Mbarak further said the civil case filed by Obulunji in Bungoma in efforts to recover the said loan to Oparanya has no relation to the investigations related to the alleged money laundering.
He said the commission still stands by its earlier decision to charge Oparanya who has since obtained conservatory orders barring his arrest or prosecution until September 20 when the court will issue further directions.
“Consequently, the Commission is of the strong view that the evidence obtained and availed to your office, is cogent enough and meets the necessary threshold of proof beyond any reasonable doubt.
“In view of the foregoing, the Commission reiterates its earlier recommendation to charge all the suspects as communicated vide our letter EACC.6/27/2/VOL. XXIII (266) dated December 4, 2023 and concurred with by yourself vide ODPP/HQ/CAM/5/2023/668 dated December 18, 2023,” Mbarak said.
The EACC boss wrote to Parliament on July 29 notifying the House about the alleged pending case against the CS nominee.
But in his letter to Parliament on Thursday, Oparanya said he has no graft case hanging over his head by dint of the DPP’s letter dated July 8, 2024.
“There cannot be greater manifest malice,” he said of EACC’s communication to Parliament.
Through Marende and Nyaundi Advocates, Oparanya said there’s neither investigation nor charges pending against him to merit any well-intentioned complaint.
“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 said.
Oparanya is in the fourth batch of CS nominees to be vetted on August 4, 2024.
