Senate watchdog orders arrest of Wycliffe Oparanya

A Senate committee has issued a warrant of arrest for Kakamega Governor Wycliffe Oparanya for his refusal to honour summonses to answer audit queries.

The queries arise from the county's revenue and expenditure accounts for the 2014/15 financial year.

COURT

The warrant was issued by the Public Accounts and Investments Committee (PAIC) on Thursday after a consultative meeting with independent commissions, including the Ethics and Anti-Corruption Commission, the electoral commission and the office of the Attorney-General.

Mr Oparanya has filed a case in court challenging the powers of the committee to summon governors.

However, the parliamentary legal team told the committee that though the matter is in court, the judge did not issue orders stopping the Senate from summoning the governor.                       

"There is no order stopping the Senate from summoning the governor," said PAIC chairman Anyang’ Nyong’o (Kisumu, ODM).

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The warrant was issued pursuant to Article 125 of the Constitution, which gives parliamentary committees powers similar to those of the High Court.                       

The warrant will be prepared by the clerk of the Senate and signed by Prof Nyong’o in his capacity as the chairman.

It will then be presented to the Inspector-General of Police and the Director of Public Prosecutions for action — meaning Mr Oparanya would be presented to the committee to answer the audit queries and, if necessary, dragged to court to face criminal charges.

The committee also plans to write to the Independent Electoral and Boundaries Commission urging it to bar Mr Oparanya from the ballot for failing to account for funds allocated to the county.

PRESSURE

But in a rejoinder, Mr Oparanya asked the Senate to stop piling pressure on him to appear before the committee.  

The move by Prof Nyong’o’s team, he said, amounted to a political witch-hunt.

He claimed the summonses and arrest warrant were part of a scheme by Kakamega Senator Boni Khalwale to portray him negatively.

The Senate, he said, had resorted to intimidating and harassing him unfairly on a matter that was still pending in the High Court for determination.

“Senator Khalwale is sensing defeat and has decided to turn the Senate into his polling station to win the Kakamega governorship contest,” he said.

LAUGHED OFF

He laughed off the order for his arrest, saying he is ready for it.

“I’m available at any time and if they want to arrest me let them give me a call and I will tell them where to find me,” he said.

He said the Senate was aware the matter was in the High Court for a constitutional interpretation and the judgement is set for June 21.

“Senator Khalwale is piling pressure on the Senate to have me arrested in the hope that I will be barred from contesting the governorship so that he can have a walkover in the contest,” he claimed.

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The ODM deputy party leader reassured his supporters not to panic about reports indicating he would be blocked from defending his seat in the August 8 polls.

He said his failure to honour summonses could not be used as an excuse to bar him from participating in the forthcoming elections.

The law, the ODM nominee said, is clear on the grounds under which a politician can be barred from participating in an election.

The electoral commission on Thursday clarified that all aspirants who have been indicted by relevant authorities must have appealed or sought review to get its green light to run.