Civil societies demand arrest of CS Oparanya after court revives corruption case

Civil society groups under the National Integrity Alliance (NIA) are demanding the immediate arrest and prosecution of Cooperatives and MSMEs Cabinet Secretary Wycliffe Oparanya after the High Court nullified the withdrawal of corruption charges against him.

The alliance, which brings together Transparency International Kenya, Inuka Kenya Ni Sisi!, the Kenya National Human Rights Commission, and the Institute of Social Accountability, hailed Tuesday’s ruling by Justice Benjamin Musyoki at the Milimani Law Courts, terming it a “landmark precedent” in the fight against impunity.

“The 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,” NIA said in a statement.

Earlier in the day, the High Court declared illegal and unconstitutional a July 2024 decision by the Director of Public Prosecutions (DPP) to review and withdraw corruption-related charges against Oparanya.

Justice Musyoki quashed the DPP’s letter that had directed the closure of the case, ruling that the move was irregular, opaque and contrary to public interest.

He noted that the DPP acted unconstitutionally by disregarding the input of the Ethics and Anti-Corruption Commission (EACC) and instead relying solely on submissions from Oparanya’s legal team.

“The decision was shrouded in mystery and therefore worked against public interest, hence in violation of Article 157(11) of the Constitution,” the judge said.

NIA now wants the DPP to act on the EACC’s recommendations and reinstate charges immediately and also to cease usurping powers of investigative agencies such as the commission.

“Considering this landmark judgement, NIA demands the immediate arrest of Cabinet Secretary Wycliffe Oparanya based on the corruption charges that were unlawfully dropped, the DPP immediately files fresh charges in accordance with the EACC’s investigative findings and today’s court judgement and that the DPP ceases the unconstitutional usurpation of investigative functions and respects the EACC’s constitutional mandate,” the statement noted.

“That institutional cooperation between the ODPP and EACC be immediately restored and enforced.”

At the same time, the civil society groups also accused the ODPP of a pattern of undermining the fight against corruption, citing figures released by the EACC.

“As of September 2025, EACC reports that 18 high-profile graft cases have been unilaterally dropped by the ODPP despite credible investigation files. This disturbing pattern has also been echoed by the Senate’s County Public Accounts Committee (CPAC), which has repeatedly flagged the collapse of strong cases at the prosecution stage,” the groups added.

During Tuesday's ruling, the court, however, declined to invalidate Oparanya’s Cabinet appointment, noting that his vetting and approval by the National Assembly followed constitutional procedures.

Still, NIA insists the ruling is a turning point: “This judgement 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 time for impunity is over.”