Blow to Oparanya as Court Nullifies Withdrawal of Graft Case

The High Court has dealt a major blow to Cabinet Secretary for Cooperatives and Micro, Small, and Medium Enterprises (MSME) Development, Wycliffe Oparanya, after nullifying the Directorate of Public Prosecution’s (DPP) decision to drop graft charges against him.

In a landmark ruling on Tuesday, September 16, Justice Benjamin Mwikya Musyoki declared that the DPP acted irregularly and unconstitutionally when it reviewed and withdrew corruption-related charges against the former Kakamega governor in July 2024.

“The respondent’s (DPP) decision to review its decision to charge the first interested party (Wycliffe Oparanya) with the offences of conflict of interest, abuse of office, money laundering, and conspiracy to commit an offence of corruption contained in its letter dated July 8, 2024, is irregular and unconstitutional and therefore null and void,” ruled Justice Musyoki.

The case stemmed from a petition filed by activist Fredrick Mulaa, who challenged Oparanya’s nomination and appointment to President William Ruto’s Cabinet.

Mulaa argued that Oparanya lacked integrity to serve in government as he was due for prosecution over alleged receipt of Sh56.7 million from Sabema International Limited and Sesela Resources Limited.

Mulaa further contended that the DPP’s decision to review charges was a calculated move to “sanitize” Oparanya and pave the way for his appointment.

He cited violations of constitutional provisions on leadership, integrity, and accountability, including Articles 10, 73, 75, and 76 of the Constitution, as well as the Leadership and Integrity Act.

The ruling effectively reinstates graft proceedings against Oparanya, who served as Kakamega governor between 2013 and 2022 before being nominated to Cabinet in 2024.

His vetting and clearance for the CS post had already raised eyebrows among sections of civil society who questioned his integrity record.

The decision is expected to spark political tremors within government ranks, given Oparanya’s influence in Western Kenya politics and his position in President Ruto’s Cabinet.

It also piles pressure on the Office of the DPP, already under scrutiny for its handling of high-profile corruption cases.

As of Tuesday evening, Oparanya and the DPP had not issued statements in response to the ruling.