Court asks EACC to release Wycliffe Oparanya’s ‘devices’
A court has directed the Ethics and Anti Corruption Commision (EACC) to release any devices or documents that are not relevant to a case in which they are investigating former Kakamega Governor Wycliffe Oparanya.
Anti-Corruption Court senior principal magistrate Victor Wakumile directed the anti-graft body to return Oparanya’s documents which are not needed in their probe.
EACC on August 23, 2023, conducted a simultaneous raid on Oparanya’s homes in Nairobi and Kakamega.
And the prominent politician, in an application before the court, says the officers took away several of his personal effects including computers, documents, mobile phones, and Sh2 million in cash.
Oparanya says the money was meant to pay school fees for one of his children who is based abroad.
He argues that the search orders did not authorize EACC officers to seize and carry away any document without demonstrating the connection between those documents and any alleged crime.
“The orders did not authorize anyone to seize and carry any mobile phones and computers belonging to other persons who are not parties to the proceedings,” says Oparanya.
He argues that EACC went beyond the scope of the court orders when they confiscated mobile phones from his children, spouses, and workers.
He says the officers were on a fishing expedition and did not know what they needed for their investigations which explains why they cast their net wide in the belief that they will get something useful.
Chief Magistrate Thomas Nzyuki directed both the prosecution and counsels representing Oparanya to have a joint meeting and agree on the documents that are relevant to the case so that they can be retained. The rest are to be released to the former County Chief.
The case will be mentioned on September 7 2023 230pm to confirm the status.
Oparanya, a close political ally of opposition leader Raila Odinga, maintains the raid and supposed cases are politically influenced.