Calls For Oparanya To Be Arrested Immediately After Court Ruling

Justice B.M. Musyoki ruled that the DPP acted unlawfully and unconstitutionally when it reversed an earlier decision to prosecute the former Kakamega Governor over a Ksh57 million graft case against him.

Calls For Oparanya To Be Arrested Immediately After Court Ruling
Cabinet Secretary (CS) nominee for Cooperatives and MSME Development Wycliffe Oparanya appearing before the vetting committee on August 4, 2024. /PARLIAMENT KENYA

The heat is back on Cabinet Secretary for Cooperatives and MSMEs Development, Wycliffe Oparanya, after the High Court overturned the Director of Public Prosecutions’ (DPP) controversial move to drop his corruption charges.

In a hard-hitting judgment delivered on Tuesday, Justice B.M. Musyoki ruled that the DPP acted unlawfully and unconstitutionally when it reversed an earlier decision to prosecute the former Kakamega Governor over a Ksh57 million graft case against him.

The judge declared that the withdrawal of charges — ranging from corruption and abuse of office to money laundering — was “irregular, opaque, and against the public interest.”

Milimani Law Courts in Nairobi. /NUSOJ

The ruling sparked an immediate reaction from the National Integrity Alliance (NIA), which is now demanding Oparanya’s arrest without delay.

The watchdog accused the DPP of bypassing the Ethics and Anti-Corruption Commission (EACC), the body mandated to investigate graft cases, and instead relying on submissions from Oparanya’s legal team.

This judgment is a landmark moment in the fight against impunity and state capture. It sets a crucial precedent affirming that the DPP cannot operate as a law unto itself.

"The Constitution, the Office of the Director of Public Prosecutions Act, and the 2019 Guidelines on the Decision to Charge do not give the DPP unfettered discretion to terminate cases without due consultation with investigative agencies,” the group said in a fiery statement, warning that Kenyans’ trust in the justice system is at stake.

The ruling also shines a harsh light on a disturbing trend. According to the EACC, at least 18 high-profile corruption cases have been dropped by the ODPP in 2025 alone, despite strong investigation files.

The Senate’s County Public Accounts Committee (CPAC) has repeatedly flagged the collapse of such cases at the prosecution stage — fueling concerns that impunity is being engineered at the very top.

The National Integrity Alliance hence listed four demands:

  • The immediate arrest of Oparanya based on the charges that were unlawfully dropped.

  • The DPP to file fresh charges in line with EACC’s evidence and today’s judgement.

  • An end to the DPP’s unconstitutional overreach into EACC’s investigative mandate.

  • Full restoration of cooperation between the ODPP and EACC to safeguard public trust.

This judgment is a victory for accountability, transparency, and the rule of law. It exposes and condemns the backdoor deals that have long shielded powerful individuals from justice,” the watchdog declared.

The ball now lies squarely in the DPP’s court, as public pressure mounts for Oparanya to face justice.

Meantime, the Ksh57 million case linked the former Kakamega Governor to accusations of conflict of interest, abuse of office, and conspiracy to engage in corruption.

Cooperatives Cabinet Secretary nominee Wycliffe Oparanya. /FILE