High Court declares ODPP decision to drop corruption charges against CS Oparanya unconstitutional

The High Court has declared unconstitutional and null and void the decision by the Office of the Director of Public Prosecutions (ODPP) to withdraw its earlier decision to prosecute Co-operatives Cabinet Secretary Wycliffe Oparanya over alleged corruption involving Sh56.7 million.

Justice Benjamin Musyoki ruled that the ODPP acted irregularly when it reviewed its earlier decision to charge Oparanya, declaring its July 8, 2024 decision unlawful.

The judge also found that the ODPP had overstepped its mandate by considering what it described as fresh evidence without referring the matter back to the Ethics and Anti-Corruption Commission (EACC) for further investigations.

In his ruling, Justice Musyoki declared that the ODPP’s decision to review its earlier position was irregular and unconstitutional, and subsequently issued an order quashing the decision.

The case stems from EACC investigations into allegations that Oparanya received Sh56,740,325 from directors of Sabema International Limited and Sesela Resources Limited. The alleged payments were linked to contracts awarded by the Kakamega County Government during his tenure as governor.

Following its investigations, the EACC recommended that Oparanya face charges of conspiracy to commit corruption, conflict of interest, abuse of office and money laundering.

The agency forwarded its recommendations to the ODPP, which initially returned the file for further investigations before later agreeing that Oparanya should be prosecuted.

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However, on July 3, 2024, Oparanya’s lawyer wrote to the ODPP seeking a review of the decision to charge him. The prosecution subsequently reversed its position and ordered the file closed, citing insufficient evidence unless further evidence emerged.

The court challenge was filed by Fredrick Mulaa, who argued that the ODPP had violated its own guidelines by reviewing the decision without consulting the EACC, the agency that conducted the investigations.

The EACC supported the petition, maintaining that its investigations had established allegations that Oparanya received kickbacks from companies awarded tenders by the Kakamega County Government.

However, Justice Musyoki declined to grant other orders seeking to challenge Oparanya’s appointment and prevent future withdrawals of prosecutorial decisions. The judge noted that Oparanya had neither been charged nor convicted and said there was no basis to fault his appointment and vetting process.

“This, however, is not to be taken as lowering the bar of requirement for integrity in leadership and public service,” the judge stated.

The court ordered each party to bear its own legal costs, noting that the case had been filed in the public interest.

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