Former Governor of Kakamega County Wycliffe Oparanya

Inquiry into Allegations of Conflict of Interest and Receipt of Irregular Benefits of KSh56,740,325 against the Former Governor of the County Government of Kakamega Wycliffe Oparanya.

The Ethics and Anti-Corruption Commission (EACC) began an investigation after receiving a complaint on 6th October, 2022 alleging that the County Government of Kakamega had awarded various tenders to contractors associated with the former Governor of the County, Wycliffe Oparanya, during the Financial Year 2013/2014 to 2021/2022.

Companies alleged to have paid “kickbacks”

It was further alleged that the companies had paid kickbacks to the former Governor 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.
60 contracts totaling Ksh2,251,012,597

It was established that the companies were awarded 60 contracts after which the companies received payments totalling to KSh2,251,012,597. It was further established that from each of the six companies former Governor Wycliffe received a benefit directly and indirectly through companies associated with him. Upon receipt of the monies, part of it was used to purchase a property.

It was also established that former Governor Wycliffe entered into a tenancy agreement with the Kakamega County Government for lease of land (reference number Marama/Shianda/442) and the buildings erected on it for KSh.9,200,000.

Wycliffe received Ksh56 million – allegation

The land was established to be the Governor’s property and that yet again he was being paid by the County Government in a clear case of conflict of interest.

Investigations established that the former Governor irregularly received a benefit of KSh56,740,325 in total from the County Government of Kakamega.

EACC recommended charges to DPP

On 12th October, 2023 a report was compiled and forwarded to the Director of Public Prosecutions (DPP) with recommendations to charge several suspects including the former Governor, 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 with the following offences;

(a) 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;

(b) Eleven counts of conflict of interest contrary to section 42 (3) as read with section 48 of the Anti-Corruption and Economic Crimes Act, 2003;

(c) Two counts of Abuse of office contrary to section 46 as read with section 48 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003;

(d) 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.

Recommendations for prosecution

On 16th November, 2023, the DPP returned the inquiry file with recommendations for further investigations. The Commission conducted further investigations and resubmitted the file to DPP on 4th December, 2023.

On 18th December, 2023, the DPP returned the file and concurred with the Commission’s recommendations for prosecution.

Primary source Kenya Gazette