EACC report: 7 cases approved for prosecution

EACC CEO Twalib Mbarak. [Kelvin Karani, Standard]

The Director of Public Prosecution (DPP) has given the go-ahead to prosecute individuals named in seven of the 27 files submitted by the Ethics and Anti-Corruption Commission (EACC) for prosecution.

The suspects include former and current high-ranking government officials, among others.

Among the seven cases include one that involves former Kakamega Governor, Wycliffe Oparanya.

In their report, the anti-graft agency accused Oparanya of awarding several tenders to companies that were associated with him during his 10-year tenure as the county chief.

Further, investigations established that the former Governor irregularly received a benefit of over Sh56 million from the County Government of Kakamega.

This prompted EACC to recommend that he [Oparanya] be charged with 11 counts among them abuse of office and money laundry.

"On October 12, 2023, a report was compiled and forwarded to the DPP with recommendations to charge them with the following offences; one count of conspiracy to commit an offence of corruption contrary to section 47 (a) (3) as read with sections 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. 11 counts of conflict of interest contrary to section 42 (3) as read with section 48 of the Anti-Corruption and Economic Crimes Act, 2003," read the report in parts.

"Two counts of Abuse of office contrary to section 46 as read with section 48 of the Anti-Corruption and Economic Crimes Act. Five counts of money laundering contrary to section 3 (B) (I) as read with section 16 (1) of the Proceeds of Crime and Anti-money Laundering Act 2009."

According to EACC, the former governor is to be prosecuted alongside his spouse, county officials, some of the directors of the companies involved in the corruption scandal, and the lawyer linked to the transaction.

Despite the approval by the DPP, Oparanya is yet to be prosecuted as he obtained an injunction from the anti-graft body at Siaya High Court, preventing his arrest and prosecution.

Another approved prosecution case is that of Taita Taveta County officials who are accused of their involvement in the misappropriation of Sh7m belonging to the county.

Those involved include the accounting officer and the Deputy Speaker of the Taita Taveta County Assembly.

The two are said to have approved Sh7m for 21 Members of the County Assembly and staff without following proper guidelines for a trip to Zanzibar in November 2022.

They are faced with several charges among them financial misconduct contrary to section 197 (1) (i) as read with section 199 of the Public Finance Management Act, No. 18 of 2012.

"On December 14, 2023, a report was compiled and forwarded to the DPP with recommendations to charge the Clerk/Accounting Officer and the Deputy Speaker of Taita Taveta County Assembly. On February 1, 2024, the DPP returned the inquiry file and concurred with the Commission's recommendation for prosecution," read the report.

Several other cases that were approved for prosecution include the forgery of academic certificates of an employee of the Rural Electrification and Renewable Energy Corporation (REREC), and procurement irregularities by the head of Treasury in Kwale County among others.