In a letter dated 1st August 2024, addressed to the National Assembly and widely circulated to media houses, Advocates for Wycliffe Ambetsa Oparanya, Cabinet Nominee for the Ministry of Cooperatives & MSME Development, have accused the Ethics and Anti-Corruption Commission (EACC) of acting with malice.
They assert that EACC falsely claims Oparanya still has an outstanding corruption case despite the “Director of Public Prosecutions (DPP) having withdrawn/recalled his earlier approval of the EACC recommendations to prosecute the former Governor.”
Responding to these accusations, the EACC has clarified its position, distancing itself from the claims made by Oparanya’s lawyer, Ken Nyaundi, who is also a suspect in the case.
The Commission acknowledged that on 25th July 2024, the Office of the Director of Public Prosecutions (ODPP) sent a letter dated 8th July 2024, withdrawing the DPP’s decision of 18th December 2023, which had initially granted EACC consent to charge Oparanya.
However, the EACC stated that it did not accept the DPP’s reversal on the matter.
“The Commission wrote back to the DPP reiterating its earlier recommendation to charge all suspects, including Wycliffe Oparanya and his lawyer Ken Nyaundi,” the EACC said.
The Commission emphasized that its decision not to comply with the DPP’s directive to close the file and terminate the case was based on detailed reasons provided in its response, including the compelling evidence on record.
This evidence, the EACC noted, had previously been deemed sufficient by the DPP to prosecute the suspects for conspiracy to commit an offence of corruption, abuse of office, conflict of interest, and money laundering.
Therefore, the allegation by Oparanya’s Advocate and co-suspect, Ken Nyaundi, that EACC acted with malice and misled the National Assembly about the existence of a corruption case against Oparanya is false and without merit, according to the Commission.
