High Court quashes DPP’s move to drop Sh56.7 million graft charges against CS Oparanya
Oparanya, had been lined up for trial over claims of conflict of interest, abuse of office, money laundering, and conspiracy to defraud the county government of Sh56.7 million through companies linked to his administration.
The High Court in Nairobi has nullified a decision by the Director of Public Prosecutions (DPP) to terminate corruption-related charges against Cooperatives and MSMEs Cabinet Secretary Wycliffe Oparanya.
In a judgment delivered on Tuesday at the Milimani Law Courts, Justice Benjamin Musyoki ruled that the DPP's directive dated July 8, 2024, closing the prosecution file against Oparanya was "irregular, unlawful, and unconstitutional."
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Oparanya, a former Kakamega governor, had been lined up for trial over claims of conflict of interest, abuse of office, money laundering, and conspiracy to defraud the county government of Sh56.7 million through companies linked to his administration.
Justice Musyoki faulted the DPP for considering evidence tabled by Oparanya's lawyers and making a decision without involving the Ethics and Anti-Corruption Commission (EACC), the agency that investigated the case and recommended charges.
"The DPP cannot unilaterally rely on the submissions of a suspect to drop charges. Such conduct undermines transparency, public accountability, and violates Article 157(11) of the Constitution," he said.
The court emphasised that although the DPP enjoys prosecutorial independence, that discretion is subject to judicial oversight whenever it is exercised outside constitutional boundaries.
The decision stemmed from a petition filed by activist Fredrick Mulaa, who claimed that Oparanya's Cabinet appointment was tainted by the questionable withdrawal of the corruption case. The EACC backed the petition, arguing that its mandate had been usurped when the DPP closed the file without further investigation.
While the judge declined to nullify Oparanya's appointment, noting that he had been vetted and approved by the National Assembly, the court issued a writ of certiorari setting aside the DPP's withdrawal letter.
As a result, the consent to prosecute Oparanya remains in force, and the DPP has been barred from sidelining investigative agencies in similar cases going forward.
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