High Court quashes ODPP’s decision to drop Sh56.7million graft charges against CS Oparanya

The High Court in Nairobi yesterday faulted the Renson Ingonga’s led Office of the Director of Public Prosecutions (ODPP) decision to review and withdraw Sh56.7million corruption-related charges against Cooperatives and MSMEs Cabinet Secretary Wycliffe Oparanya.

The High Court Judge Justice Benjamin Musyoki declared Ingonga’s move as illegal and unconstitutional.

Consequently, Justice Musyoki, sitting at the Milimani Law Courts yesterday quashed the DPP’s July 8, 2024, letter that directed the closure of the file against Oparanya, ruling that the move was irregular and in violation of constitutional principles of transparency and accountability.

The former Kakamega governor had been earmarked for prosecution over allegations of conflict of interest, abuse of office, money laundering, and conspiracy to commit corruption involving Sh56.7million linked to companies contracted by the county government.

The court held that the DPP usurped the mandate of the Ethics and Anti-Corruption Commission (EACC) by considering fresh evidence submitted by Oparanya’s lawyers without subjecting it to further investigations.

Justice Musyoki said that by unilaterally relying on the submissions of the suspect, the DPP acted outside the law and against public interest.

“The decision was shrouded in mystery and therefore worked against public interest, hence in violation of Article 157(11) of the Constitution,” the judge said.

The court noted that while the DPP enjoys independence in prosecutorial decisions, this independence does not shield the office from judicial scrutiny when its processes breach constitutional requirements.

The ruling followed a constitutional petition filed by activist Fredrick Mulaa, who argued that Oparanya’s appointment as Cabinet Secretary was tainted since he had pending corruption charges that were abruptly dropped.

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.

The EACC, which investigated the matter, had supported the petition, insisting that it was sidelined in the withdrawal of charges despite having recommended prosecution.

However, the court declined to invalidate Oparanya’s Cabinet appointment, noting that his vetting and approval by the National Assembly followed constitutional procedures.

In its final orders, the court issued a writ of certiorari quashing the DPP’s withdrawal decision, declared it null and void.