High Court quashes DPP decision to drop corruption case against CS Oparanya

The High Court in Nairobi has overturned the Director of Public Prosecutions' (DPP) decision to withdraw corruption charges against former Kakamega Governor and Cabinet Secretary Wycliffe Oparanya. Justice Benjamin Mwikya Musyoki found the DPP's July 8, 2024 letter containing the decision to be irregular and unconstitutional. The court ruled that the DPP unlawfully considered new evidence presented by Oparanya's lawyers without referring it back to the Ethics and Anti-Corruption Commission (EACC) for a thorough investigation.

The judge also stated that the DPP had overstepped its mandate by reviewing the EACC's previous decision to prosecute Oparanya. The case stemmed from allegations that Oparanya received Sh56.7 million from Sabema International Limited and Sesela Resources Limited in connection with government tenders and property acquisitions. The EACC had recommended prosecuting Oparanya for various offenses, including conflict of interest and money laundering.

However, the DPP reversed its position in July 2024, citing insufficient evidence. The court found this decision to be outside the legal framework and lacking transparency and accountability. The EACC supported the petition and maintained its recommendation to prosecute Oparanya. Justice Musyoki rejected Oparanya's argument that he had a legitimate expectation of not being prosecuted, stating that it did not override constitutional or legal provisions.

The court also dismissed the DPP's attempt to have certain documents removed from the court record, finding that they were public knowledge through media reports and EACC filings. Oparanya's Cabinet nomination remained unaffected by the court's decision.