EACC ordered to release of items not relevant to Oparanya probe
An anti-corruption court has ordered EACC to release any devices or documents that are not relevant to a case in which they are probing former Kakamega Governor Wycliffe Oparanya.
The Ethics and Anticorruption Commission had obtained search warrants and seized various items belonging to Oparanya that are linked to the alleged improper acquisition of property.
Oparanya in an application before the court says the Ethics and Anti-Corruption Commission sleuths seized and carried away documents, computers, mobile phones, and Sh2 million in cash.
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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,” Oparanya said.
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 tomorrow at 230 p.m. to confirm the status.
EACC ordered to release of items not relevant to Oparanya probe