In a statement posted on his official X account on Friday, August 2, 2024, Mutua declared that Oparanya’s nomination by President William Ruto has become untenable. He called for Oparanya’s replacement in the cabinet by someone from Kakamega County.
Mutua urged Oparanya to “spare the country and fall on his own sword,” emphasizing the need for a suitable replacement from the great people of Kakamega County.
Oparanya’s nomination has become UNTENABLE. He should spare the country and fall on his own sword. There must be a suitable replacement from the great people of Kakamega County.
— Prof Makau Mutua (@makaumutua) August 2, 2024
Oparanya is facing significant challenges regarding his nomination as CS, as the Ethics and Anti-Corruption Commission (EACC) is investigating him for a pending corruption case.
The EACC has formally requested the National Assembly not to approve his nomination in a letter dated July 29, 2024, which was addressed to the Clerk of the National Assembly and cited the alleged graft case against him.
However, Oparanya disputes the EACC’s assertions, claiming that there is no pending corruption case against him. The former governor of Kakamega County has communicated with the National Assembly through Marende and Nyaundi Advocates, labeling the EACC’s communication to the House as malicious.
“The letter by the EACC dated July 29, 2024 disregards and ignores a letter by the Office of the Director of Public Prosecutions, dated July 8, 2024, in which he informed the EACC that he ‘has reviewed the decision to charge all the suspects in the matter and directed that the file be closed for lack of sufficient evidence,” Oparanya said.
Oparanya, who recently stepped down as the Deputy Party Leader of the Orange Democratic Movement (ODM), expressed surprise that the EACC received the Director of Public Prosecutions’ (DPP) communication on July 8, 2024, yet chose to ignore it before writing to Parliament on July 29, 2024.
In response, the EACC sought to clarify its position on the matter on Friday, August 2, 2024. In a statement shared through their official social media accounts, the anti-graft agency asserted that it had not acted with malice regarding the corruption case against Oparanya.
“The commission clarifies that while it is true that on July 25, 2024, the ODPP delivered to the commission a letter dated July 8, 2024, withdrawing the DPP’s decision of December 18, 2023, that had granted EACC consent to charge Oparanya, the commission did not accept the DPP’s u-turn on the matter.
“Instead, the commission wrote back to the DPP, reiterating its earlier recommendation to charge all suspects, including Wycliffe Oparanya and his lawyer Ken Nyaundi,” the EACC statement read.
EACC says Oparanya is facing offence of corruption, abuse of office, conflict of interest, and money laundering.
Oparanya is supposed to face the Parliamentary Committee on appointments on Sunday, August 4, 2024, for vetting.
