The High Court in Nairobi has delivered a stinging rebuke to the Office of the Director of Public Prosecutions (ODPP), declaring illegal and unconstitutional its decision to withdraw corruption charges against Cooperatives and MSMEs Cabinet Secretary Wycliffe Ambetsa Oparanya.
In a landmark ruling at the Milimani Law Courts on Tuesday, Justice Benjamin Musyoki nullified the July 8, 2024 directive by the DPP to close Oparanya’s case, terming it “irregular, unlawful, and contrary to public interest.”
The decision not only revives a Ksh56.7 million corruption case against the former Kakamega governor but also reopens debate on the independence—and accountability—of Kenya’s prosecution authority in politically sensitive cases.
The Charges and the Quiet Exit
Oparanya, a two-term governor turned Cabinet Secretary, was slated to face trial over allegations of conflict of interest, abuse of office, conspiracy to commit corruption, and money laundering. The case revolved around payments tied to companies contracted by the Kakamega County Government, in which investigators alleged Oparanya held interests.
But in July 2024, the DPP suddenly announced a withdrawal of charges, citing “new evidence” presented by Oparanya’s lawyers. Notably, this evidence was neither subjected to independent scrutiny nor shared with the Ethics and Anti-Corruption Commission (EACC)—the very agency mandated to conduct investigations.
The case seemed closed. Until activist Fredrick Mulaa petitioned the High Court, accusing the DPP of shielding Oparanya and undermining the rule of law.
Judicial Scrutiny of the DPP
Justice Musyoki’s ruling laid bare the dangers of unchecked prosecutorial discretion. While acknowledging the DPP’s constitutional independence under Article 157, the judge emphasized that such independence is not absolute.
“The decision was shrouded in mystery and therefore worked against public interest, hence in violation of Article 157(11) of the Constitution,” Justice Musyoki declared.
The court faulted the DPP for relying solely on Oparanya’s submissions without engaging the EACC, calling it a direct breach of law and procedure. The judgment underscored that prosecutorial independence cannot be weaponized to sanitize questionable decisions.
The writ of certiorari issued by the court effectively reinstates the consent to prosecute Oparanya, while barring the ODPP from bypassing investigative agencies in future corruption matters.
The Politics Behind Prosecution
The ruling sharpens scrutiny on how politically connected figures navigate Kenya’s criminal justice system. Oparanya, a close ally of opposition chief Raila Odinga but also part of President William Ruto’s expanded Cabinet, was seen as politically insulated. His appointment to the powerful Cooperatives and MSMEs docket, despite pending corruption queries, raised eyebrows in anti-graft circles.
The High Court stopped short of nullifying Oparanya’s appointment, ruling that his parliamentary vetting had followed constitutional procedures. Yet the judgment exposed glaring institutional lapses that allowed a tainted appointee to ascend to high office.
EACC vs. ODPP: A Turf War?
At the heart of the controversy is a familiar institutional rivalry. The EACC had recommended prosecution, only for the DPP to unilaterally shut down the case. The court sided with the commission, warning the DPP against usurping investigative functions.
Legal analysts say the ruling strengthens EACC’s hand and sets a precedent for checks on the DPP’s powers—especially in high-profile cases where public trust is most fragile.
Public Interest vs. Political Expedience
The court’s intervention comes at a time when Kenyans remain skeptical about the state’s commitment to fighting graft. A pattern has emerged where high-ranking officials accused of corruption often walk free through procedural loopholes or dubious withdrawals.
“This ruling is a wake-up call,” says constitutional lawyer Dr. Achieng Otieno. “It reminds the DPP that independence is not impunity. Transparency and accountability are non-negotiable in prosecutorial decisions.”
The Road Ahead for Oparanya
For Oparanya, the battle is far from over. With charges reinstated, he faces the prospect of standing trial while still serving as a Cabinet Secretary. The ruling, though not voiding his appointment, casts a long shadow over his credibility and the government’s commitment to clean governance.
For the ODPP, Justice Musyoki’s decision is a reputational blow. It reignites public debate over selective justice—why some prosecutions collapse quietly while others proceed with full force.
The Bigger Question
The Oparanya ruling may be about one man, but it speaks volumes about Kenya’s justice system. It raises critical questions:
Who really benefits when corruption cases collapse?
Can the ODPP be trusted to act in public interest when political stakes are high?
And will this ruling finally tilt the scales towards accountability, or is it another judicial victory soon to be buried in procedural appeals?
As the dust settles, one fact is clear: the High Court has fired a warning shot at the heart of Kenya’s prosecutorial discretion. Whether this translates into real accountability—or remains another legal footnote—will depend on how institutions act in the days ahead.
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