The cabinet secretary nominee for Cooperatives, Micro, Small, and Medium Enterprises Wycliffe Oparanya plans to sue the Ethics and Anti-Corruption Commission (EACC) for defamation.
This move follows accusations from Western Region leaders who claim the anti-graft body is targeting the former Kakamega governor.
Oparanya is set to be vetted by the National Assembly committee on appointments on August 4, 2024.
Represented by advocate Danstan Omari, the CS nominee intends to sue EACC’s CEO Twalib Mbarak, Chairman David Oginde, and several commissioners unless they retract their claims.
According to the EACC, Oparanya has a pending case, although the Director of Public Prosecutions (DPP) had previously withdrawn recommendations for his prosecution.
Meanwhile, Omari demanded that EACC retract its statements to the National Assembly, warning of legal action for defamation if they fail to comply.
In addition, he is seeking compensation for defamation and wants the EACC to stop harassing the former Kakamega governor with unsubstantiated corruption charges, which he argues hinder his cabinet appointment.
Omari criticized the commission’s actions as reckless and against constitutional provisions, emphasizing that only a court can declare someone corrupt.
This was after EACC alleged that Oparanya received Ksh56.7 million in irregular benefits during his tenure as Kakamega governor.
Specific claims include a Ksh10 million deposit from Sesela Resources Ltd to Oparanya’s lawyer’s account and other questionable transactions involving companies linked to Oparanya.
Initially, the EACC recommended that he should be charged, but his advocates obtained a court order preventing his arrest or prosecution.
After providing evidence of his innocence, the DPP had advised the EACC to close Oparanya’s file.
The DPP withdrew its decision to charge him on July 8, 2024, but the EACC continued to question the DPP’s actions, sending a letter to the National Assembly clerk.
Leaders from Kakamega, Vihiga, and Busia have criticized the EACC, accusing it of political interference to block Oparanya’s cabinet appointment.
They argue that the EACC lacks the authority to clear or block nominees and that he remains innocent until proven guilty in court.
Kakamega Governor Fernandes Barasa called the EACC’s actions a political witch hunt, asserting that the vetting committee should rely on the DPP’s position.
Barasa noted that Kakamega thrived under Oparanya’s leadership, suggesting his success would not have been possible if he had embezzled funds.
National Assembly Deputy Speaker Gladys Boss had reiterated that the EACC cannot declare anyone corrupt, reinforcing the legislative independence in the vetting process.
