Chief Magistrate Thomas Nzyuki has clarified that the court did not authorize the seizure of Sh2 million from the residence of former Kakamega Governor Wycliffe Oparanya.
The Chief Magistrate pointed out that the Ethics and Anti-Corruption Commission (EACC) exceeded the boundaries of the search warrant when confiscating the money.
“The seizure of the Sh2 million by the EACC cannot be justified. Furthermore, the sum of Sh2 million is not presented as evidence in this court, so any further discussion about it cannot be entertained,” stated Chief Magistrate Nzyuki.
In light of this, the court has directed both parties, EACC and Oparanya, to explore alternative legal avenues to address the matter.
The Chief Magistrate emphasized that the court-issued search warrant did not include instructions for seizing the specified amount.
“I hereby declare that this matter is closed, and the concerned parties are free to pursue the issue of the Sh2 million through appropriate legal channels beyond the scope of this hearing,” Nzyuki declared.
The Sh2 million was among the items confiscated by EACC investigators on August 23 following court-issued search warrants.
On September 6, the court ordered EACC to release any items or documents unrelated to the ongoing investigation into Oparanya’s alleged improper acquisition of property.
However, a day later, the Commission, represented by Advocate Philip Kagucia, informed Chief Magistrate Nzyuki that they were unable to release the money until they could establish its source.
Kagucia stated, “The court acknowledges that Sh2 million may appear insignificant to Oparanya, but it is a substantial sum for the Kenyan people. We request additional time to conduct a thorough investigation.”
In response to EACC’s decision to retain the money, Oparanya, represented by his Advocate Davis Osiemo, argued that the search warrants clearly outlined what could be seized.
Osiemo also presented invoices and documents in court, demonstrating that the money was earmarked for the education expenses of one of Oparanya’s children studying abroad.
