KHRC, in solidarity with The National Integrity Alliance (NIA), a lobby group representing various social organizations, has demanded the arrest of Cabinet Secretary for Cooperatives and MSMEs Wycliffe Oparanya following a high court ruling that nullified the withdrawal of corruption charges against him.
In a press statement released on September 16, 2025, the groups stated that the High Court had ruled that the Director of Public Prosecutions (DPP) acted unlawfully and unconstitutionally when it reversed an earlier decision to prosecute the former Kakamega Governor.
The advocacy groups argue that Justice Benjamin Musyoki's judgment declared the DPP's directive to drop charges against Oparanya for corruption, conflict of interest, abuse of office, and money laundering as irregular, opaque, and contrary to public interest.
They contend that the judgment revealed the DPP acted unconstitutionally by disregarding the input of the Ethics and Anti-Corruption Commission (EACC), the mandated investigative agency.
"This 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," the statement read.
Read More
The alliance has made four key demands: the immediate arrest of Oparanya based on the corruption charges that were unlawfully dropped; that the DPP immediately files fresh charges in accordance with EACC's investigative findings and the court judgment; that the DPP ceases the unconstitutional usurpation of investigative functions and respects EACC's constitutional mandate; and that institutional cooperation between the ODPP and EACC be immediately restored to uphold the integrity of the criminal justice system.
According to the groups, EACC reports indicate that the ODPP unilaterally dropped 18 high-profile graft cases despite credible investigation files. The Senate's County Public Accounts Committee has also noted this pattern, repeatedly highlighting the collapse of strong cases at the prosecution stage.
The controversy stems from a High Court judgment delivered on Tuesday, September 16, where Justice Musyoki ruled that the Office of the Director of Public Prosecutions acted irregularly and unconstitutionally when it withdrew corruption charges against Oparanya.
The case originated from a constitutional petition filed by activist Fredrick Mulaa, who challenged the ODPP's July 8, 2024, decision to close the file against the former Kakamega governor.
Justice Musyoki declared the DPP's decision to review and drop charges of conflict of interest, abuse of office, money laundering, and conspiracy to commit corruption as "irregular and unconstitutional and therefore null and void."
The judge also criticized the ODPP for considering fresh evidence submitted by Oparanya's legal team without involving EACC, which had conducted the investigation.
"The inevitable conclusion is that the 1st respondent usurped the powers of the 2nd interested party when it received alleged fresh evidence and unilaterally decided to review its decision to charge without reference to the 2nd interested party," Musyoki stated in his judgment.
However, the court declined to invalidate Oparanya's Cabinet appointment, noting that the National Assembly had the constitutional mandate to vet nominees and the judiciary could not overturn that process without clear evidence of irregularity.
