The Ethics and Anti-Corruption Commission (EACC) has declined to surrender Sh2 million it seized from former Kakamega Governor Wycliffe Oparanya during a raid at his home.
The EACC in its submission in court said they were yet to establish the source of the amount before releasing it.
Lawyer Lawyer Philip Kagucia while appearing before Chief Magistrate Thomas Nzyuki said the money will be released upon verification of its source.
"The court is saying Sh2m is a small amount to Oparanya but It's a significant amount for the people of Kenya. Give us time to probe," Kagucia told the court.
Oparanya' however through his lawyer contested the decision saying the search warrant issued for a raid in his home did not permit him to take the cash.
His lawyer Davis Osiemo argued that the amount was meant for his children's school fees who study abroad. He produced documents in court to prove that the amount was meant to settle school fees.
"When we ask them what the connection is between that money and what they are probing, they are not forthcoming with information," said Osiemo.
EACC however argued that the amount could be proceeds of crime and hence need to be verified.
He said while the governor is being investigated over the loss of Sh1.3 billion, the Sh2 million, though small, ought to be probed since it might belong to the public.
"If money came out of Kakamega county illegally or irregularly, at some point he will still retain the value. This Sh2m represents the value. And one of the issues at hand is proceeds of crime which falls within our mandate," added Kagucia.
EACC said some gadgets seized during the raid have already been returned to the former governor.
Oparanya will on Monday be questioned regarding the source of Sh2 million.
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