City Lawyer Danstan Omari wants EACC to stop Harrasing Hon.Wycliffe Oparanya.
Hon. Wycliffe Ambetsa Oparanya through the Law Firm of Danstan Omari and Associates Advocates has written to EACC CEO Twalib Mbarak demanding retraction of his letter to the clerk of the National Assembly expressingreservation over Oparanya’s nomination.
Omari wants Twalib to be restrained from harrassing his client saying there is an order in force stopping any arrest of prosecution of
“EACC selectively failed to disclose the operation of the legal/ constitutional implications of the fact that on 25 July 2024, the Ofice of Director of Public Prosecutions delivered to the EACC a letter dated 8 July 2024 withdrawing their decision of 18 December 2023 that had granted EACC consent to charge,”he added.BCitu
In the letter addressed to the clerk National Assembly, EACC claimed to have conducted investigations on alleged acts of corruption against Oparanya and consequently submitted a report to the Director of Public Prosecutions recommending his prosecution.
However, on July 8, 2024, the DPP wrote another letter demonstrating that observing existing legal rules, there was no corruption charges alive or procedurally sound in any court of competent jurisdiction against Hon. Oparanya.
Hence according to Oparanya, the EACC appears to be overstepping their jurisdiction as stipulated in the EACC Act 2011.
“Perhaps of importance to note, is that the DPP does not require the consent of any person or authority of the commencement of criminal proceedings and in exercise of his or her powers or functions, shall not be under the direction or control of any person or authority… the reservations communicated by yourselves in your letter dated 31 of July 2024 to the ODPP can only be registered as pure reservations without any mechanism contemplated by law giving you the authority to control the exercising of the DPP’s prosecutorial powers” reads the letter to EACC CEO.
According to Oparanya, EACC CEO’s letter to the Clerk of the National Assembly cannot be interpreted as a finding of his guilt of any allegations levelled against him.
“we hereby demand that you retract or cause to be retracted your communication to the Clerk of the National Assembly dated 29 July 2024 immediately with the same publicity and notoriety.” the letter continued.
His Lawyers further demand that EACC “cease and desist from harassing their client with unsubstantiated threats of charging him for corruption in what they call a bid to stop him from offering his services to the people of Kenya without fear or favour.”
