The High Court in Nairobi has overturned the Director of Public Prosecutions’ (DPP) decision to withdraw corruption charges against Cabinet Secretary Wycliffe Oparanya.
Justice Benjamin Mwikya Musyoki ruled on Tuesday, September 16, 2025, that the DPP’s move was unconstitutional, irregular, and void. He said the Office of the DPP failed to act with transparency and accountability when it closed the case.
DPP Faulted for Excluding EACC
The judge emphasized that the Ethics and Anti-Corruption Commission (EACC) should have been consulted before the charges were withdrawn.
“Once the DPP received the request to review its decision to charge, the correct procedure would have been to direct the EACC to investigate the alleged fresh evidence,” Justice Musyoki stated.
The court noted that the DPP’s July 8, 2024, letter closing Oparanya’s file was “shrouded in mystery” and against the public interest. This, the judge said, violated Article 157(11) of the Constitution, which requires the DPP to uphold fairness and accountability.
Case Background
The EACC had investigated Oparanya over claims that he received kickbacks worth Sh56.7 million from companies that won contracts in Kakamega County while he served as governor.
Initially, the DPP had agreed to prosecute him on charges of conflict of interest, abuse of office, money laundering, and conspiracy to commit corruption. However, the prosecution was dropped after submissions from Oparanya’s lawyers.
Activist Fredrick Mulaa later challenged the withdrawal through a constitutional petition.
Judgment Outcome
The High Court has now restored the charges, meaning Oparanya’s case will proceed.
The court also dismissed a request to nullify Oparanya’s appointment as Cabinet Secretary for Cooperatives, Micro, Small, and Medium Enterprises Development. Justice Musyoki said there was no evidence showing irregularities in his vetting process.
