The High Court in Nairobi has declared illegal and unconstitutional the decision by the Director of Public Prosecutions (DPP) to review and withdraw corruption-related charges against Cooperatives and MSMEs Cabinet Secretary Wycliffe Oparanya.

Justice Benjamin Musyoki, sitting at the Milimani Law Courts, on Tuesday quashed the DPP’s July 8, 2024, letter that directed the closure of the file against Oparanya, ruling that the move was irregular and in violation of constitutional principles of transparency and accountability.

The former Kakamega governor had been earmarked for prosecution over allegations of conflict of interest, abuse of office, money laundering, and conspiracy to commit corruption involving Ksh.56.7 million linked to companies contracted by the county government.

The court held that the DPP usurped the mandate of the Ethics and Anti-Corruption Commission (EACC) by considering fresh evidence submitted by Oparanya’s lawyers without subjecting it to further investigations.

Justice Musyoki said that by unilaterally relying on the submissions of the suspect, the DPP acted outside the law and against public interest.

“The decision was shrouded in mystery and therefore worked against public interest, hence in violation of Article 157(11) of the Constitution,” the judge said.

The court noted that while the DPP enjoys independence in prosecutorial decisions, this independence does not shield the office from judicial scrutiny when its processes breach constitutional requirements.

The ruling followed a constitutional petition filed by activist Fredrick Mulaa, who argued that Oparanya’s appointment as Cabinet Secretary was tainted since he had pending corruption charges that were abruptly dropped.

The EACC, which investigated the matter, had supported the petition, insisting that it was sidelined in the withdrawal of charges despite having recommended prosecution.

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However, the court declined to invalidate Oparanya’s Cabinet appointment, noting that his vetting and approval by the National Assembly followed constitutional procedures.

In its final orders, the court issued a writ of certiorari quashing the DPP’s withdrawal decision, declared it null and void.

The consent to charge CS Oparanya now stands, and the court has barred the DPP from bypassing investigative agencies in similar matters in the future.