Former Kakamega governor Wycliffe Oparanya has threatened to institute legal suit against Ethics and Anti Corruption Commission CEO Twalib Mbarak should he fail to retract a letter written to the clerk of National Assembly expressing reservations over his nomination to the cabinet.
Oparanya accused Mbarak of blatant abuse of office in maliciously targeting him for ulterior motives.
In a letter on Friday August 2, the Cabinet Secretary nominee said, Mbarak should cease and desist from harassing him with unsubstantiated threats of corruption charges.
“It is our instruction to demand, which we hereby do that you retract or cause to be retracted your communication to the Clerk of the National Assembly dated 29th July 2024 immediately with the same publicity and notoriety.
“Further, that you cease and desist from harassing our client with unsubstantiated threats of charging him for corruption in a bid to stop him from offering his services to the people of Kenya without fear or favour,” read the letter by his lawyer Danstan Omari.
In a letter dated July 29 and addressed to the Clerk of the National Assembly, EACC highlighted that Oparanya, the Co-operatives and Micro, Small and Medium Enterprises Development CS nominee is faced with an alleged graft case.
“The commission conducted an investigation on allegations of corruption against the nominee for offences committed during his stint as the Governor of Kakamega County,” said the letter.
Upon conclusion of the investigation, Mbarak noted that the commission submitted a report to the Director of Public Prosecutions (DPP) recommending prosecution of Oparanya on various charges including conspiracy to commit an offence of corruption, conflict of interest, abuse of office and money laundering.
The outgoing orange Democratic movement (ODM) deputy party leader through his lawyer Omari however claimed that “there are no corruption charges alive or procedurally sound in any court of competent jurisdiction against him”.
Omari alleged that the Director of Public prosecutions (DPP) withdrew its consent to charge Oparanya on July 25, initially granted on December 18, 2023.
He further said that the High Court in Kakamega also issued conservatory orders staying any arrest or prosecution based on EACC’s findings.
“Your letter to the Clerk of the National Assembly cannot be interpreted as a finding of guilt on your allegations.”
“What remains as a net deduction thereof is a blatant demonstration of your abuse of office in maliciously targeting our client for ulterior motives,” said Omari.
Oparanya is sent to be vetted for the position.
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