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EACC Goes After A Former Governor And MP



Former Kakamega Governor Wycliffe Oparanya and Embakasi North MP James Gakuya are among individuals set to be prosecuted over graft related charges following recommendations by the Ethics and Anti-Corruption Commission.

In its fourth  quarterly report that has since been gazetted, EACC says it has received green light from the office of the Director of Public Prosecutions to charge Oparanya and Gakuya alongside other individuals.

In the report, Oparanya is accused of conflict of interest by irregularly benefitting from 56 million shillings from the County government during the financial year 2013/2014 to 2021/2022 through companies associated to him.

According to the report, the companies had been sending kickbacks to the former Governor through his close proxies.

Some of the companies identified in the report include AFBA Construction Company Limited, Western Cross Express limited, Sabema International Limited and Sesela Resources Limited with the companies said to have been awarded 60 contracts valued at over 2.2 billion shillings.

The anti-graft agency is also accusing the former governor of entering into a tenancy agreement with the county government for 9.2 million shillings which was established to have been his property.

“It was also established that the former Governor entered into a tenancy agreement with the Kakamega County Government for lease of land reference number Marama/Shianda/442 and the buildings erected thereon for Kshs.9,200,000/=. The said land was established to be the Governor’s property yet again he was being paid by the County Government in a clear case of conflict of interest.” Reads the report.

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Oparanya is expected to face four counts including 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, conflict of interest contrary to section 42(3) as read with section 48 of the Anti-Corruption and Economic Crimes Act, 2003, abuse of office contrary to section 46 as read with section 48 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003 and 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.

Also to be charged alongside the former Governor is his spouse; Sharon Mirella Wakhu, county officials, Peter Lukoye and John Imbogo; some directors of the companies; Cleophas Shimanyula, Robert Ouma John, Godrick Ekisa  Oduu. Wycliffee Mokongo, Joseph Obulinji, and Dr. Kennedy Nyaundi, the lawyer who was involved in the transaction for purchase of property.

Embakasi North MP James Gakuya is also on the radar of EACC with the legislator accused of awarding various tenders to four companies associated with his daughter with financial investigations revealing that several payments were made to the companies for various projects allegedly undertaken with Embakasi Constituency.

According to EACC, Gakuya received a total of 10,482,298 shillings either directly or indirectly from the companies associated with the daughter and other close associates with the MP said to be a signatory to bank account in one of the companies namely Ndakaini Hardware and Property Agencies.

EACC now wants the MP, NGCDF Fund Account Manager and directors of the four companies namely Ndakaini Enterprises Limited, Allica Investment Limited, Pride wind Africa Limited and Ndakaini Hardware charged with two counts of conflict of interest, five counts of unlawful acquisition of public property and one count of abuse of office.

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Other matters cited in the report include alleged misappropriation of public funds at the Taita Taveta County Assembly as a result of imprest advanced to the speaker, clerk, twenty-one MCAS and four other officers for travelling to Zanzibar for a bonding trip, procurement irregularities involving the construction of Kinaine industrial park water supply project phase two and three for 292,770,465 shillings and alleged embezzlement of funds at the Bomas of Kenya.

Others are probes on procurement irregularities at Kwale County government, irregular procurement for extension of Bura water supply, alleged embezzlement of 45,610.187 shillings by Turkana County Assembly, an inquiry into allegations of corrupt conduct against a Nairobi city county revenue officer based at city hall, bribery against hospital ward MCA in Kiambu county and investigation into allegations of bribery against a police officer attached to Kakamega central police station.

The Commission is also investigating allegations that an employee used forged academic documents to secure employment at rural electrification and renewable energy corporation and allegations that the ward administrator for Marsabit central used forged academic documents to get employment while a teacher at Unoa primary school is facing a probe over allegations of charging illegal levies as fees in violation of guidelines by the ministry of education on free primary education.

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