Oparanya 2
High Court Quashes DPP’s Decision to Drop Oparanya Graft Case, Faults Process
NAIROBI, Kenya — The High Court in Nairobi has quashed a decision by the Director of Public Prosecutions (DPP) to drop multi-million shilling corruption charges against Cooperatives and MSMEs Development Cabinet Secretary Wycliffe Oparanya, declaring the move irregular, opaque, and unconstitutional.
In a ruling delivered by Justice Musyoki, the court faulted the DPP for bypassing established legal procedures and statutory mandate when reviewing the decisions to prosecute public officials. The judge issued a writ of certiorari, effectively nullifying the July 8, 2024 directive from the Office of the Director of Public Prosecutions (ODPP) that aimed to close the case.
Justice Musyoki noted that the ODPP’s sudden review to clear the former Kakamega Governor of corruption accusations—without sufficient transparent justifications or engagement with investigating agencies—ran counter to the public interest.
The court ruled that the DPP cannot arbitrarily alter or withdraw prosecution decisions without adhering strictly to statutory provisions governing independent investigative input, particularly from the Ethics and Anti-Corruption Commission (EACC).
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The allegations against Oparanya stem from his tenure as Kakamega Governor, involving charges of conflict of interest, abuse of office, conspiracy to commit an offense of corruption, and money laundering involving millions of shillings.
Following the verdict, the High Court ordered that the initial consent to prosecute CS Oparanya stands fully restored. Justice Musyoki also barred the DPP from circumventing investigative bodies in future decision-making processes regarding high-profile public office cases. Each party was instructed to bear its own legal costs.
The judgment has triggered immediate calls from civil society groups and anti-corruption advocates, including the National Integrity Alliance, demanding the enforcement of the reinstated charges and accountability in handling public funds.
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