The dropping of graft charges against former Kakakemga Governor Wycliffe Oparanya has sparked a fresh tiff between Director of Public Prosecutions Renson Ingonga and the Ethics and Anti-Corruption Commission (EACC).
Whereas the anti-graft body maintains that there is sufficient evidence to sustain charges of conflict of interest and money laundering against Mr Oparanya, Mr Ingonga is of the view that it would be an uphill task to secure a conviction in the matter due to lack of sufficient evidence.
In a letter to Mr Ingonga dated July 31, EACC maintained that the documents and evidence presented to him show that the funds alleged to have been wired to Mr Oparanya’s personal bank accounts and to his lawyers were kickbacks from contractors awarded various tenders by the Kakamega County Government.
“There was a clear case of money laundering and conflict of interest for which the suspects cannot raise any plausible defence against. 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,” the letter signed by Twalib Mbarak, the EACC chief executive officer, said.
Director of Public Prosecutions Renson Ingonga addresses the media in Nairobi on July 23, 2024.
Photo credit: Dennis Onsongo | Nation Media Group
Mr Oparanya was to be charged with 11 counts related to graft arising from tenders awarded to various companies during his tenure. The charges included conflict of interest and receiving a benefit for the purchase of a property belonging to him.
The EACC said investigations established that Mr Oparanya allegedly irregularly received Sh56.7 million from the county government.
Agreed to prosecute, then made about-turn
The Ethics and Anti-Corruption Commission CEO Twalib Mbarak.
Photo credit: Sila Kiplagat | Nation Media Group
The DPP had earlier concurred with EACC’s recommendations to prosecute Mr Oparanya but made an about-turn in July, following a request by Mr Oparanya through his lawyers.
The situation was made worse after EACC wrote to Parliament on the status of the case as Mr Oparanya’s lawyer read malice in the letter.
Mr Oparanya’s lawyer, Dr Ken Nyaundi, stated that they wrote to the DPP on July 24, 2024, requesting him to review the decision to charge him upon getting of new evidence, showing that the funds allegedly paid to Mr Oparanya’s accounts were a loan.
Dr Nyandi pointed out that while the EACC received the communication from the DPP conveying the review and verdict to drop the decision to charge Mr Oparanya, EACC wrote to Parliament while ignoring the vital communication which precedes their letter.
“There cannot be greater manifest malice,” Dr Nyaundi said.
He added: “We are instructed to inform you that there is neither an investigation nor charges pending against Oparanya to merit any well-wished complaint against him. 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.”
In agreeing with Mr Oparanya, the DPP noted that the money was a loan and there was need to review the decision to charge Mr Oparanya.
EACC later said it was distancing itself from these accusations by Oparanya’s lawyer and clarifies that while it is true that the ODPP delivered to the commission a letter dated July 8, 2024 to drop the charges, “the commission did not accept the DPP’s U-turn on the matter”.
The charges proposed were premised on monies paid by the director of Sabema International Ltd and Sesela Resources Ltd, Joseph Obulunji Okutoyi, to the firm of Marende & Nyaundi Company Advocates to enable the former governor purchase a house in Karen.
Sesela Resources Ltd was engaged by the Kakamega County Government for construction of Tsalwa Junction-Ombwaro-Manyulia Road at a cost of Sh216 million.
Upon being paid, Sh35.8 million, the contractor transferred Sh10 million on the same date to Mr Oparanya’s advocates. The same contractor transferred a further Sh2.28 million to Winbricks Logistics Limited, a firm owned by Oparanya’s spouse Sharon Mirella, on July 28, 2021.
Further investigations revealed that Sabema International Ltd was engaged by Kakamega County for road construction and upon payment, the firm transferred Sh5 million to Oparanya’s advocates and another Sh1 million to Mr Oparanya’s personal bank account.
EACC said the law firm transferred the money to CPF Registered Trustees for purchase of the property in Karen identified as Karen Oloolua House No. 23.
“It is, there, worth pointing out that the monies paid by the Director of M/S Sabema International Limited and M/S Sesela Resources was not intended for purchase of the house on L.R. No. 10034 located at Forest Edge Green Villas in Karen as the same was already registered in the name of Wycliffe Oparanya and his spouse,” EACC said in the letter.
EACC said a judgment obtained by Mr Obulunji against Mr Oparanya on March 5, 2024, was stage-managed to sanitise alleged irregular payments.
“The Commission reiterates that the money received by Wycliffe Oparanya from M/S Sesela International limited and M/S Sesela resources limited was not a loan but bribes for contracts awarded.”
EACC said the investigations established that this was a money laundering scheme with evident placement, layering and integration of the proceeds of crime towards the purchase of Karen Oloolua House No. 23 which was reserved for Mr Oparanya.
