The High Court in Nairobi has struck down as illegal and unconstitutional a decision by the Director of Public Prosecutions (DPP) to withdraw corruption charges against Cooperatives and MSMEs Cabinet Secretary Wycliffe Oparanya.
Delivering the ruling at the Milimani Law Courts on Tuesday, Justice Benjamin Musyoki nullified a letter issued by the DPP on July 8, 2024, that had directed the closure of Oparanya’s case. The judge ruled that the directive was irregular and violated constitutional principles of transparency and accountability.
Oparanya, the former Kakamega governor, had been set to face prosecution over allegations of conflict of interest, abuse of office, money laundering, and conspiracy to commit corruption. The case involved Ksh56.7 million tied to companies contracted by the county government.
The court found that the DPP overstepped his mandate by reviewing fresh evidence presented by Oparanya’s lawyers without handing it over to the Ethics and Anti-Corruption Commission (EACC) for investigation, as required by law.
Justice Benjamin Musyoki faulted the Director of Public Prosecutions (DPP) for relying solely on submissions from Wycliffe Oparanya, ruling that the move was unlawful and contrary to public interest.
“The decision was shrouded in mystery and therefore worked against public interest, hence in violation of Article 157(11) of the Constitution,” the judge stated.
The court observed that although the DPP has independence in making prosecutorial decisions, that independence does not place the office beyond judicial scrutiny, especially when its actions violate constitutional standards.
The ruling stemmed from a petition filed by activist Fredrick Mulaa, who claimed Oparanya’s appointment as Cabinet Secretary for Cooperatives and MSMEs was tainted because he still faced unresolved corruption charges that were abruptly withdrawn.
The Ethics and Anti-Corruption Commission (EACC), which handled investigations into the case, backed the petition, arguing that the DPP sidelined it in the withdrawal process despite its recommendation to prosecute.
Even so, the High Court stopped short of nullifying Wycliffe Oparanya’s appointment as Cabinet Secretary. Justice Benjamin Musyoki ruled that Oparanya’s vetting and approval by the National Assembly had followed constitutional procedures and could not be overturned.
In its final ruling, the court issued a writ of certiorari nullifying the DPP’s decision to withdraw the charges, declaring it illegal and void. The ruling reinstated the consent to prosecute Oparanya and barred the DPP from bypassing investigative agencies in similar cases going forward.
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