A petition has been filed challenging the appointment of Wycliffe Oparanya as the Cabinet Secretary for Cooperatives and MSMEs Development. The petitioner, Fredrick Mulaa, is asking the court to declare Oparanya’s appointment illegal and to revoke the Director of Public Prosecutions’ (DPP) order to review Oparanya’s case just days before his nomination.
According to court documents obtained by Citizen Digital, the petitioner has named the Office of the Director of Public Prosecutions (ODPP) and the Attorney General as the first and second respondents, respectively. Oparanya is listed as the first interested party, while the Ethics and Anti-Corruption Commission (EACC) is named as the second interested party.
Mulaa accuses the DPP of overstepping its authority by dropping charges against the former Kakamega governor, including allegations of conflict of interest, abuse of office, money laundering, and conspiracy to commit corruption. He argues that the ODPP should have consulted the EACC before reviewing and dropping the case, especially since the EACC is responsible for conducting investigations.
“The decision by the 1st Respondent to review the decision to charge, based on new evidence that was not presented to the investigative agency, constitutes a breach of public trust entrusted to the office of the 1st Respondent,” the court documents state.
Mulaa further contends that the decision to review the charges is in violation of Article 10 of the Constitution, as well as the ODPP’s own guidelines, particularly clause 3.1.2.2 of the 2019 Guidelines on Decision to Charge, which requires consultation with the investigative agency and the victim if a decision not to charge is made.
The petitioner describes the timing of the review as “conspicuous and coincidental” given its proximity to Oparanya’s nomination, suggesting that the review was an attempt to clear the way for his appointment to the Cabinet.
Mulaa is requesting the anti-corruption court to issue an order quashing the ODPP’s decision to review its decision to charge Oparanya with the offenses of conflict of interest, abuse of office, money laundering, and conspiracy to commit corruption. He argues that this decision, detailed in a letter dated July 8, 2024, is illegal, irrational, and unconstitutional.
Additionally, the petitioner seeks a court order mandating the EACC to publish in the Kenya Gazette all past and future cases of corruption, economic crimes, bribery, and money laundering where consent to charge was given and later withdrawn. He also wants Oparanya’s nomination to be declared illegal.
This petition comes amid a dispute between the EACC and DPP Renson Ingonga over the latter’s decision to review Oparanya’s case. The EACC, in a statement to the DPP earlier this month, rejected the DPP’s proposal, noting that the ODPP’s letter was written after Oparanya’s nomination.
While the ODPP’s letter is dated July 8, 2024, the EACC acknowledged receipt on July 25, 2024.
