Noose tightens on Oparanya, MP over graft

Former Kakamega Governor Wycliffe Oparanya will now face corruption charges for irregularly receiving Sh2.2 billion from the county after the Director of Public Prosecutions (DPP) gave approval.

Ethics and Anti-Corruption Commission (EACC) has been probing allegations of conflict of interest and receipt of irregular benefits of Sh56.7 million against Oparanya, also  deputy party leader of the Orange Democratic Movement (ODM).

The anti-graft agency, in its quarterly report, says it commenced investigations after receiving a complaint on October 6, 2022 alleging that the County Government of Kakamega had awarded various tenders to contractors associated with the former governor during the Financial Year 2013/14 to 2021/22.

The companies, according to the agency, had been sending kickbacks to Oparanya through his close proxies. Some of the companies identified included AFBA Construction Company Limited, Western Cross Express limited, Sabema International Limited and Sesela Resources Limited.

It was established that the companies were awarded 60 contracts after which they received payments totalling to Sh2.2 billion. It was further established that from each of the six companies, the former governor received a benefit directly and indirectly through companies associated with him. Upon receipt of the monies, part of it was used to buy a property. Oparanya, the report stated, entered into a tenancy agreement with Kakamega County Government for lease of land reference number Marama/Shianda/442 and the buildings erected thereon for Sh9.2 million.

The said land was established to be Oparanya’s property yet again he was being paid by the county government in a clear case of conflict of interest.  Investigations established that he irregularly received a benefit of Sh56.7 million in total from the county.

On October 12, 2023 a report was compiled and forwarded to the DPP with recommendations to charge several suspects including Oparanya, his spouse, county officials, some of the directors of the companies and the lawyer who was involved in the transaction for purchase of property belonging to the former governor.

The charges included conspiracy to commit an offence of corruption, 11 counts of conflict of interest, two counts of abuse of office and five counts of money laundering.

On November 16, 2023 the DPP returned the inquiry file with recommendations for further investigations.

“The commission conducted further investigations and resubmitted the file to DPP on December 4, 2023. On December 18, 2023, the DPP returned the file and concurred with the commission’s recommendations for prosecution,” reads the report.

Freeze assets

In November last year, EACC obtained orders to freeze assets worth Sh28.9 million belonging to Oparanya over his alleged involvement in a Sh1.3 billion graft probe. The anti-graft body was given the asset freeze nod by the High Court pending the completion of investigations.

 In the orders, Justice Esther Maina prohibited Oparanya, private companies associated with him, their agents, servants or any other persons from withdrawing, transferring, or in any other way dealing with the frozen amount for the next six months. In another case, Embakasi North MP James Gakuya is facing procurement irregularities allegations at his constituency amounting to Sh51.4 million.

EACC has been investigating Gakuya on allegations of procurement irregularities and embezzlement of public funds.

It was alleged that the MP used his office to award tenders to his children and close associates. The tenders were allegedly for construction of classrooms, event hosting and roadworks within the constituency.

Investigations established that the constituency awarded various tenders to four companies associated with the MP’s daughter.

Financial investigations revealed that several payments were made to the companies for various projects allegedly undertaken with the constituency.

Investigations further revealed that Gakuya received a total of Sh10.5 million either directly or indirectly from the companies associated with his daughter and other close associates.

“The MP is a signatory to a bank account in one of the companies namely Ndakaini Hardware and Property Agencies,” the report.

A report was compiled in October last year and forwarded to the DPP with recommendations to charge the MP, fund account manager and directors of the four companies namely Ndakaini Enterprises Ltd, Allica Investment, Pridewind Africa and Ndakaini Hardware.

The charges were two counts of conflict of interest, five counts of unlawful acquisition of public property and one count of abuse of office.

However, the DPP returned the inquiry file with recommendations for further investigations.

Similar case

Gakuya is also facing a similar graft case involving loss of Sh40 million. He was charged in 2018 with four counts of conflict of interest for allegedly awarding tenders for road construction to companies linked to him. The MP was charged alongside Cleophas Oyaro (district accountant), Leah Guchu (fund account manager) and Constituency Development Fund (CDF) chairman Richard Chuchu.

Prosecutors say Gakuya and his co-accused misappropriated CDF funds for the construction of the roads.

Gakuya and the CDF officials are facing charges of fraudulent acquisition of public property, conflict of interest, conspiracy to defraud and willful failure to adhere to procurement and disposal laws

According to prosecution, contracts were irregularly awarded, where the companies associated with Gakuya were awarded tenders worth Sh40 million and paid through bank accounts to which the MP was a signatory.