Oparanya Finds Himself Between EACC And DPP War On Nomination Suitability
The Ethics and Anti-Corruption Commission (EACC) has found fault with Director of Public Prosecution Renson Ingonga’s decision to review an earlier decision to prosecute former Kakamega Governor and Cabinet nominee Wycliffe Oparanya for conflict of interest and receipt of irregular benefits.
In a statement to the DPP on Wednesday, EACC rejected the DPP’s proposal, claiming that the letter from the ODPP was written after Oparanya’s nomination.
Following President William Ruto’s nomination of Oparanya as Cabinet Secretary for Cooperatives and MSMEs development, the DPP wrote to EACC to withdraw consent to prosecute him.
Oparanya Suitability Row:
— Citizen TV Kenya (@citizentvkenya) August 1, 2024
EACC, ODPP clash over Oparanya’s suitability as CS
ODPP writes to withdraw consent to prosecute Oparanya
EACC rejects withdrawal, says order given after nomination
ODPP said to have backdated withdrawal letter to July 8th
EACC vows to push on with… pic.twitter.com/xtNxIMzvLH
The letter from the ODPP is dated July 8, but EACC acknowledges receipt on July 25, 2024.
“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 dated December 4 2023 and concurred with by yourself in a letter dated December 18, 2023,” EACC CEO Twalib Mbaraka stated.
The EACC objected to the grounds on which the DPP decided not to prosecute Oparanya.
EACC had advised the National Assembly Clerk, “The Commission submitted a report to the DPP recommending prosecution of the nominee on various charges including conspiracy to commit an offence of corruption, conflict of interest, abuse of office and money laundering.”
On Thursday, Oparanya’s lawyers accused the EACC of ‘manifest malice’ in failing to clear him ahead of his approval hearing on Sunday.
The DPP wrote to the Commission saying, “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. Cparanya purchase a house in LR No.10034 located at Forest Edge Green Villas in Karen.”
“It has since been established that the monies alleged to have been money laundered was a loan.”
The DPP added, “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.”
However, on July 8, 2024, the DPP reviewed his decision to charge based on a letter from Oparanya’s advocates.
They argued that the monies Oparanya received from those who secured payment for tenders while he was governor were not kickbacks, but rather a loan for which he had been sued for failure to repay.
The EACC, on the other hand, has stood firm, stating that “POCAMLA defines “proceeds of crime” as any economic advantage derived directly or indirectly as a result of or in connection with an offence, regardless of the identity of the offender.
In this case, Section 42 of the Anti-Corruption and Economic Crimes Act criminalizes conflict of interest. It is instructive to note that the courts have ruled that the prosecution does not need to prove a predicate offense before charging with money laundering.”
While ultimately the decision to charge rests with the DPP, the EACC in publicly calling out the Office of the DPP has effectively challenged this regime’s commitment to rooting out corruption in government, even when it may not be politically expedient.
Oparanya Finds Himself Between EACC And DPP War On Nomination Suitability
