Civil society groups demand action against Oparanya over Ksh.56.7M graft claims

The groups want the two agencies to implement a High Court judgment delivered on October 2, which declared the DPP's decision to withdraw corruption charges against Oparanya in 2024 unconstitutional.

Operating under the National Integrity Alliance, the organisations have petitioned the Office of the Director of Public Prosecutions (ODPP) and the EACC, calling for the court's orders to be fully implemented.

Inuka Kenya Ni Sisi Chief Executive Officer Kawive Wambua said the petition seeks to ensure the court's orders are enforced and that the two agencies respect their respective constitutional mandates.

"The petition seeks to ensure that the effect of the court orders is given, and that the respective constitutional mandates of the ODPP and EACC are respected," Wambua stated.

The coalition argues that the ODPP acted outside its mandate by reviewing and withdrawing the earlier decision to prosecute Oparanya.

Transparency International Kenya Executive Director Sheila Masinde said the court had found that the DPP's decision to review the earlier decision to charge Oparanya was irregular and unconstitutional.

"The court declared that the DPP's decision to review its earlier decision to charge Wycliffe Ambetsa Oparanya was irregular and unconstitutional," Masinde said.

The groups also accused the ODPP of usurping the EACC's investigative role and failing to subject fresh evidence to independent scrutiny.

Kenya Human Rights Commission Deputy Executive Director David Malombe called on the anti-graft agency to conduct further investigations and independently verify the evidence.

"We are requesting EACC to conduct the necessary investigations and independent verification of fresh evidence," Malombe said.

National Integrity Alliance representative Diana Gichengo said the High Court had established that the investigative process was bypassed, making it necessary for the EACC to scrutinise the fresh evidence.

"The High Court judgment found that the investigative role was bypassed, and this makes it important that fresh evidence is subjected to the necessary scrutiny by EACC," Gichengo said.

The EACC had previously investigated Oparanya and recommended his prosecution over alleged kickbacks amounting to Ksh.56.7 million from companies that secured contracts in Kakamega County during his tenure as governor.

However, the DPP later withdrew the charges after receiving representations from Oparanya's lawyers.

The National Integrity Alliance has also raised concerns over the ODPP's decision to appeal the High Court ruling, accusing the office of delaying the pursuit of justice.