ODPP faulted as court revives Oparanya case
The High Court in Nairobi has overturned a decision by the Office of the Director of Public Prosecutions (ODPP) to withdraw corruption charges against Cabinet Secretary for Cooperatives and MSME Development, Hon. Wycliffe Oparanya.
In a judgment delivered on September 16, 2025, Justice Benjamin Musyoki found that the ODPP acted outside the Constitution and its own internal guidelines by dropping the charges without consulting the Ethics and Anti-Corruption Commission (EACC), the body that had investigated the case and recommended prosecution.
The charges stemmed from allegations that Oparanya, during his tenure as Governor of Kakamega County, received over Kes56.7 million from private companies. Part of these funds was allegedly used to acquire property in Nairobi’s Karen suburb. EACC had recommended several charges, including conflict of interest, abuse of office, conspiracy to commit corruption, and money laundering.
Although the ODPP initially agreed with EACC’s recommendations and sanctioned prosecution, it later reversed this decision following submissions from Oparanya’s legal team. However, the court noted that the EACC was not involved or consulted in evaluating the fresh evidence presented by the defence.
In his judgment, Justice Musyoki criticized the ODPP for “usurping the investigative mandate of EACC by considering new evidence without involving them,” calling the move irregular and unconstitutional.
As a result, the court quashed the withdrawal of charges and ruled that the ODPP had overstepped its constitutional mandate. However, Justice Musyoki declined to nullify Oparanya’s Cabinet appointment, stating that doing so would be beyond the scope of the current proceedings.
The decision reignites scrutiny over the ODPP’s handling of high-profile corruption cases. According to recent disclosures by the EACC to the Senate, the ODPP has dropped 18 high-profile graft cases since 2017—15 of them within the last three years alone.
The judgment is likely to fuel further ongoing debates about prosecutorial accountability and the broader fight against corruption in Kenya.
