Kenya’s High Court has overturned a decision by prosecutors to drop corruption charges against a senior government minister, ruling that the move was unlawful and undermined public trust.
In a judgment delivered on Tuesday, Justice Benjamin Musyoki said the Director of Public Prosecutions (DPP) had acted “outside the law and against public interest” when he ordered the closure of a case against Wycliffe Oparanya, the Cabinet Secretary for Cooperatives and MSMEs.
Mr Oparanya, a former governor of Kakamega County, had faced prosecution over allegations of conflict of interest, abuse of office, conspiracy to commit corruption and money laundering. The charges involved 56.7 million shillings, allegedly linked to firms contracted by the county government.
The DPP had issued a letter in July 2024 directing that the case be dropped after receiving fresh submissions from Mr Oparanya’s lawyers. Justice Musyoki ruled that this amounted to usurping the powers of the Ethics and Anti-Corruption Commission (EACC), which had investigated the matter and recommended charges.
“The decision was shrouded in mystery and therefore worked against public interest, hence in violation of Article 157(11) of the Constitution,” Justice Musyoki said in court.
The ruling came after a petition filed by activist Fredrick Mulaa, who argued that Mr Oparanya’s appointment to Cabinet was tainted by the abrupt withdrawal of his case. The EACC supported the petition, saying it had been sidelined in the process.
The court, however, stopped short of nullifying Mr Oparanya’s Cabinet post. Justice Musyoki noted that his nomination and vetting by Parliament had followed constitutional procedures.
Even so, the court issued a writ quashing the DPP’s decision, effectively reviving the corruption case. The judge further barred the DPP from bypassing investigative agencies when handling similar cases in future.
The decision is seen as a rare judicial rebuke of the prosecution service and a win for Kenya’s anti-graft watchdog, which has long complained of interference in high-profile cases.
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