The National Integrity Alliance, a lobby group representing various social groups, is demanding the immediate arrest of Cooperatives Cabinet Secretary Wycliffe Oparanya after the court quashed a decision to withdraw a Ksh57 million graft case against him.
The High Court on Tuesday, September 16, ruled that the Director of Public Prosecutions' decision to withdraw the case was unconstitutional and irregular. DPP withdrew the case in July 2024, amid rising questions surrounding the withdrawal of several high-profile cases.
According to Justice Benjamin Musyoki, the DPP's decision to close Oparanya's case file violated the Constitutional principles of transparency and accountability.
The judge noted that DPP Renson Ingonga overreached the mandate of the Ethics and Anti-Corruption Commission (EACC) by withdrawing the case without the latter's involvement.
"The decision was shrouded in mystery and therefore worked against the public interest, hence violated Article 157 of the Constitution," the court ruled.
Justice Musyoki further stated that while the ODPP enjoyed independence in prosecuting cases, its decisions were not limited to judicial review and scrutiny.
While calling for Opranya's arrest, the lobby group termed the judgment a landmark moment in the fight against impunity and state capture.
The Integrity Alliance also demanded that the ODPP immediately file fresh charges in accordance with the EACC's investigative findings and Justice Musyoki's judgment.
"We demand that the DPP cease the unconstitutional usurpation of investigative functions and respect the EACC's constitutional mandate under Article 79 and Chapter Six of the Constitution," the lobby group demanded.
"We also demand that institutional cooperation between the ODPP and EACC be immediately restored and enforced, so uphold the integrity of the criminal justice system and safeguard public trust," it added.
According to the National Integrity Alliance, the judgment is a victory for accountability, transparency, and the rule of law, as it exposes and condemns the backdoor deals that have long shielded powerful individuals from justice.
Meanwhile, the Ksh57 million case implicated the former Kakamega Governor over allegations of involvement in a conflict of interest, abuse of office and conspiracy to commit corruption.
