Petition Filed to Revoke Appointment of Cooperatives CS Wycliffe Oparanya Over Controversial DPP Decision
A petitioner has approached the court to annul the appointment of Wycliffe Oparanya as the Cabinet Secretary for Cooperatives and Micro, Small, and Medium Enterprises Development.
Fredrick Mulaa contends in his petition to the anti-corruption division of the High Court that the Director of Public Prosecutions (DPP), Renson Ingonga, acted unlawfully by revising his decision to prosecute Mr. Oparanya, claiming it was not in the public’s interest.
Mulaa argues that the decision to dismiss charges of corruption, conflict of interest, money laundering, and abuse of office ignored fundamental legal principles such as transparency, accountability, social justice, good governance, and integrity.
He asserts that Mr. Oparanya’s nomination to the Cabinet disregards essential materials that are crucial for maintaining legislative and constitutional integrity, which should have been considered during the nomination process.
Mulaa notes that on December 18 of last year, the DPP decided to charge Mr. Oparanya based on investigations by the Ethics and Anti-Corruption Commission (EACC).
However, Ingonga reviewed this decision on July 8, 2024, opting to drop the charges against Mr. Oparanya.
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Mulaa highlights that this decision coincided with Mr. Oparanya’s Cabinet nomination and argues that the DPP’s review of alleged new evidence without further investigation from the EACC contravenes legal procedures and encroaches on the anti-graft agency’s role.
He adds that failing to prosecute Mr. Oparanya breaches the DPP’s guidelines since the investigative body was not consulted, and it disregards public interest and justice, particularly concerning the alleged embezzlement of taxpayer funds.
The EACC had recommended prosecuting Mr. Oparanya for allegedly receiving Sh56.7 million irregularly from a contractor employed by the Kakamega County Government.
In response, Mr. Oparanya claimed that the funds were a loan from one of the contractors.
Mulaa argues that if true, accepting such a loan would represent a serious breach of the objectivity required to uphold the integrity of the gubernatorial office, violating Article 75 of the constitution.
Mulaa seeks a court ruling to annul the DPP’s decision to drop the charges, asserting that Mr. Oparanya’s nomination to a state office is legally and constitutionally flawed due to the improper review process.
Petition Filed to Revoke Appointment of Cooperatives CS Wycliffe Oparanya Over Controversial DPP Decision
