Lobby demands arrest of CS Oparanya after High Court revives corruption case

Cooperatives and MSMEs Cabinet Secretary Wycliffe Oparanya. (Photo: Courtesy)

By Lucy Mumbi
Tuesday, September 16, 2025

The the lobby said the ruling was a landmark victory against impunity and a clear affirmation that the DPP cannot operate without accountability.

The National Integrity Alliance (NIA) has demanded the immediate arrest of Cooperatives and MSMEs Cabinet Secretary Wycliffe Oparanya after the High Court on Tuesday nullified the Director of Public Prosecutions’ (DPP) decision to withdraw corruption charges against him.

In a statement on Tuesday, the lobby said the ruling was a landmark victory against impunity and a clear affirmation that the DPP cannot operate without accountability.

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Justice Benjamin Musyoki, sitting at the Milimani Law Courts on Tuesday, declared illegal and unconstitutional the DPP’s July 8, 2024, directive that closed the file against the former Kakamega governor. The judge ruled that the decision to abandon charges of corruption, conflict of interest, abuse of office and money laundering was “irregular, opaque 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,” Justice Musyoki said.

The court faulted the DPP for unilaterally relying on submissions from Oparanya’s lawyers without subjecting them to fresh investigations by the Ethics and Anti-Corruption Commission (EACC), the constitutionally mandated agency. Justice Musyoki held that the DPP usurped the role of investigators and acted outside the law.

NI, a coalition of Transparency International Kenya, Inuka Kenya Ni Sisi!, the Kenya Human Rights Commission and the Institute of Social Accountability, welcomed the ruling as a precedent-setting win for accountability.

“This judgment is a landmark moment in the fight against impunity and state capture. It sets a crucial precedent affirming that the DPP cannot operate as a law unto itself,” NIA said.

The group added that the ruling validates concerns over selective prosecution, citing reports that the DPP had dropped 18 high-profile graft cases despite credible evidence.

“This judgment is a victory for accountability, transparency, and the rule of law. It exposes and condemns the backdoor deals that have long shielded powerful individuals from justice. The time for impunity is over. The people of Kenya deserve a justice system that protects the public interest, not the powerful,” reads the statement.

NIA has now demanded that the corruption charges against Oparanya be reinstated through fresh prosecution in line with the findings of the Ethics and Anti-Corruption Commission and Tuesday’s court ruling.

The lobby also pressed for his immediate arrest, insisting that the High Court judgment had restored the validity of the graft case. It further called on the DPP to stop usurping investigative functions and to respect the EACC’s constitutional mandate under Article 79 and Chapter Six.

Additionally, the coalition urged the restoration of institutional cooperation between the ODPP and the EACC to safeguard public confidence in the fight against corruption.

“The Constitution, the Office of the Director of Public Prosecutions Act, and the 2019 Guidelines on the Decision to Charge do not give the DPP unfettered discretion to terminate cases without due consultation with investigative agencies,” NIA said.

The ruling stemmed from a petition by activist Fredrick Mulaa, who argued that Oparanya’s Cabinet appointment was tainted since corruption charges against him were abruptly withdrawn. The EACC, which probed the case involving Sh56.7 million linked to companies contracted by the Kakamega county government, supported the petition, insisting that its recommendations were disregarded.

While the court declined to nullify Oparanya’s appointment as Cabinet Secretary, noting that his vetting and approval by Parliament followed constitutional procedures, it issued a writ of certiorari quashing the DPP’s withdrawal.