The High Court of Kenya has overturned the decision by the Office of the Director of Public Prosecutions (ODPP) to drop corruption charges against Wycliffe Oparanya, the former Governor of Kakamega County. Judge Benjamin Musyoki ruled that the ODPP had violated the Constitution and procedural laws by reversing its earlier decision to charge Oparanya without consulting the Ethics and Anti-Corruption Commission (EACC), which had conducted the investigations.
The case against Oparanya involves allegations of corruption and abuse of office, specifically regarding the receipt of Sh56.7 million from company directors who had secured government contracts during his tenure as governor from 2013 to 2022. The EACC had recommended that Oparanya be charged with conspiracy to commit corruption, conflict of interest, abuse of office, and money laundering.
Initially, the ODPP had agreed to charge Oparanya on December 18, 2023, in line with the EACC's recommendations. However, following a review request by Oparanya's lawyers on July 3, 2024, the ODPP changed its decision, citing insufficient evidence to secure a conviction. The EACC opposed this move, arguing that it had not been involved in the review process.
The matter was brought to court by activist Fredrick Mulaa, who challenged the ODPP's decision. The EACC supported the case, maintaining that its investigations provided a basis for charging Oparanya. The commission had examined 60 contracts awarded to six companies by Kakamega County, valued at over Sh2.2 billion, and had obtained a court order to freeze Sh28.9 million suspected to be proceeds of corruption.
Judge Musyoki emphasized that while the ODPP has the authority to decide on charges, this power does not permit it to usurp the role of the EACC in investigations. The judge cited the ODPP's 2019 guidelines on decision-making, which require consultation with investigators when deciding not to prosecute.
The court also noted that the ODPP had overstepped its bounds by receiving new evidence and unilaterally reviewing the decision to charge Oparanya without consulting the EACC. However, the court declined to nullify Oparanya's appointment as a Cabinet Secretary, as there was no evidence to suggest that the constitutional process had been violated.
The ruling has significant implications for the fight against corruption in Kenya, highlighting the importance of inter-agency collaboration and adherence to procedural laws in handling corruption cases. The case will continue to be monitored as it progresses through the legal system.
Key points
- The High Court of Kenya has nullified the ODPP's decision to drop corruption charges against former Kakamega Governor Wycliffe Oparanya.
- The court cited procedural irregularities and the ODPP's failure to consult the EACC in its decision-making process.
- The case involves allegations of corruption and abuse of office, with the EACC having recommended charges against Oparanya.
