The recent High Court decision on corruption charges against Wycliffe Oparanya has sparked strong reactions from civil society groups, who now want immediate action taken against the Cabinet Secretary.
The National Integrity Alliance (NIA), a coalition of Transparency International Kenya, Inuka Kenya Ni Sisi!, the Kenya National Human Rights Commission, and the Institute of Social Accountability, has called for Oparanya’s arrest following the court’s ruling that nullified the withdrawal of his corruption case.
Justice Benjamin Musyoki of the Milimani Law Courts declared that the Director of Public Prosecutions acted illegally and unconstitutionally when he withdrew the charges in July 2024.
The judge stated that the DPP ignored the role of the Ethics and Anti-Corruption Commission (EACC) and relied only on the submissions of Oparanya’s lawyers, a move he said violated public interest.
He described the withdrawal of the case as irregular, opaque, and contrary to the requirements of Article 157(11) of the Constitution.
NIA welcomed the judgment, calling it a landmark moment in the fight against impunity and state capture. The alliance said the ruling sets a clear precedent that the DPP cannot operate without accountability and must respect the input of investigative agencies.
They demanded that the DPP immediately reinstate charges against Oparanya in line with EACC’s recommendations and the court’s decision. They also urged the DPP to stop what they termed as unconstitutional usurpation of investigative powers and restore proper cooperation with EACC.
In their statement, the groups went further to highlight what they see as a worrying trend within the Office of the Director of Public Prosecutions.
According to figures from the EACC, at least 18 high-profile corruption cases have been dropped by the ODPP despite credible evidence. The groups said this pattern has also been noted by the Senate’s County Public Accounts Committee, which has raised alarm over the collapse of strong graft cases at the prosecution stage.
Although the court stopped short of invalidating Oparanya’s Cabinet appointment, it emphasized that the withdrawal of charges against him was unconstitutional.
For NIA, this judgment is a turning point in Kenya’s fight against corruption. They described it as a victory for transparency and accountability, adding that it sends a strong signal to those who have long used political connections to avoid justice.
Their message was clear that the time for impunity is over and that institutions must be allowed to function without interference from powerful individuals.
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