NAIROBI, Kenya – The High Court has declared unconstitutional the decision by the Director of Public Prosecutions (DPP) to withdraw corruption-related charges against Cooperatives and MSMEs Cabinet Secretary Wycliffe Oparanya.
Justice Benjamin Musyoki, delivering the ruling at the Milimani Law Courts on Tuesday, quashed the DPP’s July 8, 2024, directive that closed the file against the former Kakamega governor.
The judge termed the move irregular, opaque, and in violation of constitutional principles of transparency and accountability.
Oparanya had been slated for prosecution on charges of conflict of interest, abuse of office, money laundering, and conspiracy to commit corruption in connection with Ksh.56.7 million allegedly linked to companies contracted by Kakamega County during his tenure as governor.
The court found that the DPP acted unlawfully by considering fresh evidence submitted by Oparanya’s lawyers without subjecting it to further investigation by the Ethics and Anti-Corruption Commission (EACC), the body mandated to probe such matters.
“The decision was shrouded in mystery and therefore worked against public interest, hence in violation of Article 157(11) of the Constitution,” Justice Musyoki said.
While acknowledging the DPP’s independence in prosecutorial decisions, the court stressed that such independence does not insulate the office from judicial scrutiny when constitutional thresholds are breached.
The ruling stemmed from a petition filed by activist Fredrick Mulaa, who argued that Oparanya’s Cabinet appointment was compromised by the sudden withdrawal of corruption charges.
The EACC backed the petition, accusing the DPP of sidelining it despite its recommendation for prosecution.
The court, however, declined to nullify Oparanya’s Cabinet appointment, noting that his nomination and approval by Parliament had followed the law.
In its final orders, the court:
- Issued a writ of certiorari, quashing the DPP’s withdrawal decision.
- Declared the decision null and void.
- Barred the DPP from bypassing investigative agencies in similar cases going forward.
The effect of the ruling is that the consent to charge Oparanya remains in force, effectively reviving corruption proceedings against him.
