Written By Joyce Nzomo
The High Court has overturned a decision by the Director of Public Prosecutions to drop corruption proceedings against Cabinet Secretary Wycliffe Oparanya, describing the move as unlawful and contrary to the Constitution.
Justice Benjamin Musyoki ruled that the prosecution erred by abandoning the case without consulting the Ethics and Anti-Corruption Commission, which investigated the matter.
Oparanya, who previously served as Kakamega governor, faces accusations of conflict of interest, abuse of office, money laundering and conspiracy to defraud the county in a scheme worth 56.7 million shillings.
The judge faulted the DPP for disregarding the 2019 charging guidelines, which require engagement with investigators and complainants before a case can be withdrawn.
He said the decision undermined public confidence and transparency, noting that any fresh evidence produced by Oparanya’s lawyers should have been referred back to the EACC for review.
“The prosecution assumed powers not given to it by either the Constitution or statute,” Justice Musyoki observed, before annulling the letter that had closed the file.
His ruling means that the corruption charges against the Cabinet Secretary remain in place.
At the same time, the court declined to interfere with Oparanya’s Cabinet appointment. Justice Musyoki said his nomination and vetting were conducted in line with Article 152 of the Constitution and there was no proof of irregularity.
Intervening without clear evidence, he added, would have amounted to judicial overreach.
The case is expected to proceed to trial, with both sides directed to meet their own legal costs.
