The Ethics and Anti-Corruption Commission (EACC) has denied issuing a viral statement that accused Cooperative Cabinet Secretary nominee Wycliffe Oparanya of perjury.
EACC Spokesman Eric Ngumbi clarified that the alleged statement, which claimed Oparanya lied under oath before the National Assembly committee on appointments, is entirely fabricated.
“The viral statement is fake as the EACC has not commented on the issues raised by Oparanya during his vetting,” Ngumbi stated.
The false statement purported that Oparanya recorded a statement at the EACC offices on August 23, 2023. It also alleged that authorities arrested Oparanya and his two wives at their Nairobi home, subsequently interrogating them for seven hours, during which the supposed statement was recorded.
Oparanya, however, has refuted these claims. He affirmed that the EACC had never summoned him to write a statement concerning allegations of abuse of office and money laundering.
During his vetting by the Committee on Appointments, Oparanya assured that he had never engaged in corrupt practices. He stressed that if confirmed, he would ensure the safety of Cooperatives’ funds under his watch.
He also clarified an incident involving the Integrity Centre, stating that he visited the facility solely to retrieve his children’s phones, which had been taken by individuals posing as EACC detectives.
“While there, I did not record any statement. They gave me the phones after hours,” Oparanya told the committee. He emphasized that no one had approached him to write a statement or provided an opportunity for him to share his side of the story.
Defamation Suit
Oparanya has announced plans to sue the EACC for defamation. Through his advocate, Danstan Omari, he expressed his intent to take legal action against EACC Chief Executive Officer Twalib Mbarak, Chairman David Oginde, and Commissioners John Ogallo, Cecil Mutuku, Monica Muiru, and Alfred Mshimba.
Omari demands a public retraction of the statements attributed to the EACC. “It is our instructions to demand, which we hereby do, that you retract or cause to be retracted your communication with the same publicity and notoriety. Failure to heed our demands, we have strict instructions to institute proceedings against yourselves jointly and severally as individuals exercising personal interests to the detriment of respect for the rule of law and the Constitution of Kenya,” Omari stated.
Should the lawsuit proceed, Oparanya intends to seek compensation for defamation. Additionally, he demands that the EACC stop what he describes as “harassment” through unsubstantiated corruption allegations, which he believes are attempts to undermine his candidacy for the cabinet position.
Omari criticized the EACC’s actions, describing them as “reckless and unprocedural.” He argued that the portrayal of his client as corrupt violates Articles 49 and 50 of the Constitution, which assert that only a competent court can declare an individual unfit or corrupt.
EACC Allegations Against Oparanya
The EACC is reportedly investigating Oparanya and his spouses for the alleged embezzlement of Kes.1.3 billion, which is believed to have occurred during his two-term governorship.
The investigation suggests that public funds were unlawfully acquired through proxies and associates under Oparanya’s administration.
Reports indicate that a portion of the frozen funds was funneled through two companies, Sesela Resources Limited and Sabema International Limited, which were contracted by the County Government of Kakamega to purchase a house in Karen, Nairobi.
The EACC alleges that on July 28, 2021, a contractor, Sesela Resources Ltd, irregularly deposited Kes.10 million into the account of Oparanya’s lawyer, Marende & Nyaundi Advocates.
The EACC has also requested that the DPP investigate the transfer of Kes.2 million to Winbrics Logistics Limited, a company linked to Oparanya.
Additionally, on May 22, 2022, the EACC claimed that Sabema International Limited deposited Kes.1 million in kickbacks into Oparanya’s personal bank account.
EACC Recommends Corruption Charges to DCI
Initially, the EACC submitted a file to the Director of Public Prosecutions (DPP) recommending corruption charges against Oparanya.
In response, Oparanya’s legal team obtained a court order halting any arrest or prosecution based on the EACC’s information.
“We presented exonerating evidence proving the former governor’s complete innocence. We submitted bank statements, sale agreements, purchase agreements, and comprehensive accounts of Kakamega County. The DPP agreed to review the file,” said Omari.
Following this, the DPP sent the recommendation back to the EACC for further investigation. According to the advocate, the EACC conducted additional inquiries and submitted a complete file to the DPP.
However, the evidence provided was deemed insufficient to charge the former governor, leading the DPP to advise the EACC to close the case.
On July 8, 2024, the DPP formally withdrew their December 18, 2023, decision, which had initially authorized the EACC to proceed with charges against Oparanya.
The EACC interpreted the DPP’s refusal to approve the arrest of the former Kakamega County CEO as malicious, prompting the commission to send a letter to the Assembly clerk.
