Petition filed challenging Oparanya appointment as CS over dropped graft charges

A petitioner has filed a case in the High Court's Anti-Corruption Division, challenging the appointment of Wycliffe Oparanya as Cabinet Secretary for Cooperatives and Micro, Small, and Medium Enterprises Development barely five days after he was sworn into office.

The petitioner, Fredrick Mulaa, argues that the Director of Public Prosecutions (DDP) decision to review and potentially drop corruption charges against Oparanya was unlawful and not in the public's best interest.

According to Mulaa the dropped charges by DPP Renson Ingonga, including corruption, conflict of interest, money laundering and abuse of office, failed to uphold essential legal principles such as transparency, accountability, social justice, good governance, and integrity.

He noted that Oparanya's appointment as Cabinet Secretary disregards critical material that should have been considered to ensure integrity in the nomination process.

“Consequently, the 1st interested party's (Oparanya) nomination to the position of a Cabinet secretary disregards the relevant material that is vital to the legislative and constitutional purpose of integrity which ought to have been taken into account during the nomination,” Mulaa says.

The petitioner emphasises that the DPP had initially decided to pursue corruption-related charges against Oparanya on December 18, 2023, following the Ethics and Anti-Corruption Commission's (EACC) investigations. However, on July 8, 2024, Ingonga reversed the decision, choosing to drop the charges.

Mulaa notes that this reversal coincided with Oparanya's Cabinet nomination, and argues that the DPP's decision to evaluate new evidence without further investigation by the EACC was legally questionable and an overreach of the anti-graft body’s investigative role.

He added that the decision by Ingonga to drop the charges violates the DPP’s guidelines, as the EACC, was not consulted in the process. He reiterated that this decision disregards public interest and the administration of justice, particularly given that the funds allegedly embezzled were taxpayer money.

The EACC had recommended prosecuting Oparanya for allegedly receiving Sh56.7 million from a contractor hired by the Kakamega County Government under irregular circumstances. Oparanya, however, claimed that the funds were a loan from the contractor, which he defended, noting they were legitimate.

However, Mulaa criticised the explanation terming it a serious breach of objectivity which undermines the integrity of the governor's office. He said if the loan claim is accurate, it reflects a compromise in the integrity of the state office, contravening Article 75 of the Constitution.

“That a declaration does issue that the 1st interested party's (Oparanya) nomination to state office in light of the illegal, irrational and irregular review of its decision to charge, is inconsistent with the law and the constitution on matters of leadership and integrity thus devoid of procedural propriety and legality,” he said.

He called for a declaration that Oparanya’s appointment was inconsistent with legal and constitutional standards regarding leadership and integrity.

During his vetting process, Oparanya said EACC never asked him to make a statement about charges of money laundering and abuse of office while he was in Kakamega County.

He also told the National Assembly Appointments Committee that he has never been involved in corruption.

“Nobody has come to me to write a statement. I have never been given a chance to tell my story. I worked for 10 years yet nobody came to my office for any corruption case until August 2023 when we were doing 'maandamano'” he said.

He further noted that during his 10-year term as Governor and five years as Minister, the anti-graft body never called for any alleged corruption scandal.

He also mentioned that no audit report had identified him as a person of interest.

“I've been a minister for five years and a governor for ten years. No report identified me as a corrupt individual,” Oparanya said.