The High Court in Nairobi has nullified a decision by the Director of Public Prosecutions (DPP) to withdraw corruption charges against Cabinet Secretary Wycliffe Oparanya, terming it unconstitutional, irregular, and void.
The former Kakamega boss was facing charges over allegations of conflict of interest, abuse of office, money laundering, and conspiracy to commit corruption involving a Sh56.7 million linked to companies contracted by the county government.
Delivering judgment on Tuesday, Justice Benjamin Musyoki held that the DPP acted outside the law when he unilaterally reviewed and withdrew the charges without consulting the Ethics and Anti-Corruption Commission (EACC), the body mandated to investigate corruption.
The court found that the DPP failed to adhere to the Guidelines on Decision to Charge (2019), which require consultation with both the investigating body and the victim before declining to prosecute.
“The 1st respondent’s decision was shrouded in mystery and worked against public interest, thereby violating Article 157(11) of the Constitution,” Justice Musyoki said, adding that the process fell short of transparency and accountability.The judge ruled that upon receiving new evidence from Oparanya’s lawyers, the DPP should have referred it back to the EACC for investigation instead of closing the file unilaterally.
By failing to do so, the DPP usurped the investigative mandate of the anti-graft agency.
While Article 157 shields the DPP from external interference, the court emphasized that prosecutorial powers must still align with constitutional principles.
