Co-operatives and MSME Development CS nominee Wycliffe Oparanya has written to Parliament disputing claims by the Ethics and Anti-Corruption Commission (EACC) that he has a pending corruption case.
On July 29, EACC informed National Assembly Clerk Samuel Njoroge that Oparanya faces charges of money laundering, conflict of interest, and abuse of office involving Sh1.3 billion.
The commission noted that while Oparanya had obtained orders preventing his arrest, the case remains pending in court. The next court hearing is set for September 20, 2024.
EACC CEO Twalib Mbarak also mentioned that the commission had secured preservation orders against Oparanya’s assets, including Sh28.9 million, through the Nairobi High Court Anti-Corruption and Economic Crimes Court.
“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.
However, on Thursday, Oparanya, through Marende and Nyaundi Advocates, wrote to the clerk dismissing EACC’s claims.
He stated that all charges had been dropped by the Office of the Director of Public Prosecutions (ODPP) due to insufficient evidence.
“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.
CS Nominee accused the EACC of maliciously disregarding the ODPP’s July 8, 2024, letter, which directed the closure of the case for lack of evidence.
He emphasized that the alleged corruption funds were actually loans, not bribes.
Acting deputy director of public prosecutions Joseph Riungu confirmed this in the ODPP’s letter, stating that there was no sufficient evidence to prove corruption.
“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 noted that the standard of proof required in criminal cases could not be met in this instance.
Oparanya criticized the EACC for ignoring the ODPP’s communication and proceeding to inform Parliament of the allegations.
He insisted that there are no pending investigations or charges against him, and called for the EACC to acknowledge the ODPP’s findings and close the matter.
