CIVIL GROUPS WANT OPARANYA ARRESTED

The High Court on Tuesday, September 16, ruled that the withdrawal of the case by the Director of Public Prosecutions was unconstitutional and irregular. DPP had withdrawn the case in July 2024 as questions continued to arise over the withdrawal of several high-profile cases.
Justice Benjamin Musyoki ruled that the DPP's action to seal off Oparanya's case file was contrary to the Constitutional provisions of transparency and accountability.

The judge further said DPP Renson Ingonga overstepped the mandate of the Ethics and Anti-Corruption Commission (EACC) by dropping the case without its counsel.

"The ruling was opaque and thus worked against the public interest, and consequently violated Article 157 of the Constitution," ruled the court.

Justice Musyoki further said despite the independence of the ODPP to prosecute cases, their ruling was not limited to judicial review and scrutiny
In calling for Opranya's arrest, the lobby group termed the judgment a turning point in the fight against impunity and grabbing of state.

The Integrity Alliance also urged the ODPP to bring fresh charges forthwith in accordance with the EACC's investigations and Justice Musyoki's judgment.

"We urge the DPP to stop the unconstitutional usurpation of investigative powers and fulfill the EACC's constitutional mandate under Article 79 and Chapter Six of the Constitution," the lobby group demanded.

"We also urge institutional cooperation between the ODPP and the EACC to be revitalized and enforced with effect from today, so preserve the integrity of the criminal justice system and safeguard the public trust," it added.
In the perspective of the National Integrity Alliance, the ruling is a victory for transparency, accountability, and rule of law as it eliminates and denounces the backdoor deals that have long shielded powerful individuals from being taken to court.

Meanwhile, the Ksh57 million case involved the former Kakamega Governor on allegations of engaging in a conflict of interest, abuse of office, and conspiracy to corrupt.