The Ethics and Anti-Corruption Commission (EACC) has expressed concerns over the Director of Public Prosecution (DPP) Renson Ingonga's decision to review the prosecution of former Kakamega Governor and current Cabinet nominee Wycliffe Oparanya.

This decision pertains to allegations of conflict of interest and receipt of irregular benefits. The DPP withdrew consent to prosecute Oparanya following President William Ruto's nomination of him as Cooperatives and MSMEs Development Cabinet Secretary.

PHOTO | COURTESY Wycliffe Oparanya

In a statement to the DPP, the EACC criticized the timing and rationale of the DPP’s decision, noting the letter from the DPP was dated July 8 but received by the EACC on July 25, 2024.

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EACC CEO Twalib Mbaraka emphasized that the evidence against Oparanya was strong and met the threshold for prosecution. The EACC had earlier recommended charging Oparanya and others involved in December 2023, a recommendation initially concurred with by the DPP.

Oparanya's lawyers have accused the EACC of malice for not clearing him before his approval hearing on Sunday. The EACC had informed the National Assembly Clerk about recommending Oparanya's prosecution on conspiracy to commit corruption, conflict of interest, abuse of office, and money laundering.

The DPP's revised decision was influenced by a letter from Oparanya's advocates, claiming that the monies received were not kickbacks but a loan, which Oparanya had been sued for failing to repay. The DPP indicated that securing a conviction would be difficult due to insufficient evidence, thus closing the case.

PHOTO | COURTESY Wycliffe Oparanya

However, the EACC maintains that conflict of interest is an offense under the Anti-Corruption and Economic Crimes Act and money laundering charges do not require a predicate offense. The EACC’s public challenge to the DPP questions the current administration's commitment to fighting corruption, especially when political implications are involved.

This ongoing dispute highlights the tension between the EACC and the DPP and its potential impact on the integrity of anti-corruption efforts in Kenya.