Lobby groups have petitioned the Ethics and Anti-Corruption Commission (EACC), demanding fresh action against Cooperatives Cabinet Secretary Wycliffe Oparanya following a court ruling that invalidated the withdrawal of corruption charges against him.
The groups want the commission to establish the next course of action following the High Court judgment, which declared the Director of Public Prosecutions' (DPP) decision to abandon the earlier prosecution unconstitutional.
The lobby groups operating under the National Integrity Alliance (NIA), led by Transparency International (TI Kenya), Institute for Social Accountability (TISA) and the Kenya Human Rights Commission (KHRC) submitted the new demands to the EACC on Tuesday, November 10, at the Integrity Centre in Nairobi.
“The court declared that the ODPP’s decision to review its earlier decision to charge Wycliffe Ambetsa Oparanya with offences of conflict of interest, money laundering and abuse of office, as communicated in its letter in July 2024, was irregular, unconstitutional and therefore null and void,” Sheila Masinde from TI said.
The lobby groups said their petitions were intended to establish how the judgment would be implemented and ensure that evidence relating to the corruption allegations was properly addressed.
“The petitions are intended to establish what steps will be taken following the judgment, ensure that fresh evidence is appropriately addressed and promote accountability in the handling of subsequent corruption-related matters,” the groups stated.
The groups also want the EACC to independently examine any new evidence relating to the allegations and establish whether further investigations or other legal action are necessary.
“We are requesting the EACC to take the necessary investigation and independent verification of the fresh evidence in accordance with its constitutional and statutory mandate,” David Malombe, the Executive Director of the KHRC, said.
Malombe added that the groups expected the anti-graft agency to provide an update on its handling of the matter following the court's decision.
Receiving the petitions, EACC maintained that it had fulfilled its constitutional and statutory responsibilities in the matter, noting that the criminal justice system involved several independent institutions.
“In this particular matter, EACC discharged its statutory and constitutional obligation; however, the criminal justice process is a chain with various actors who are distinct, but we all complement each other,” EACC spokesperson Stephen Karuga said.
“The EACC acknowledges receipt of the petition submitted by the National Integrity Alliance and will carefully review its contents to determine the appropriate course of action.”
The corruption allegations against Oparanya date back to his tenure as Kakamega Governor, when the commission investigated claims involving more than Ksh1.3 billion in suspected irregular wealth and alleged payments linked to companies that secured county government contracts.
In December 2023, the DPP had approved the EACC's recommendation to prosecute Oparanya over allegations including conflict of interest, money laundering and abuse of office before reversing the decision in July 2024, shortly after his nomination to the Cabinet.
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