Anti-corruption groups petitioned the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) on Tuesday. They want Cabinet Secretary Wycliffe Oparanya investigated again. The groups, working together as the National Integrity Alliance (NIA), want both agencies to implement a High Court judgment delivered on October 2. According to Citizen Digital, the court declared the DPP's 2024 decision to withdraw corruption charges against Oparanya unconstitutional.
The EACC had earlier investigated Oparanya and recommended his prosecution. The case concerned alleged kickbacks of KSh 56.7 million from companies that won contracts in Kakamega County while he was governor. The DPP later dropped the charges after receiving representations from Oparanya's lawyers. Kenyans.co.ke reported that the groups also want him charged afresh in a case involving more than KSh 1.3 billion in suspected irregular wealth.
The coalition argues that the ODPP acted outside its mandate when it reviewed its earlier decision to prosecute. It also accuses the office of usurping the EACC's investigative role and failing to have fresh evidence independently checked. Transparency International Kenya Executive Director Sheila Masinde said the court had found the DPP's review "irregular and unconstitutional."
Inuka Kenya Ni Sisi CEO Kawive Wambua said the petition seeks to enforce the court orders and protect each agency's constitutional mandate. Kenya Human Rights Commission Deputy Executive Director David Malombe asked the EACC to investigate and independently verify the fresh evidence. NIA representative Diana Gichengo said the High Court had found that the investigative process was bypassed. According to The Eastleigh Voice, the lobby also wants the ODPP to consider prosecuting Oparanya if new investigations find enough evidence.
The groups also criticised the ODPP for appealing the ruling. They accused the office of delaying justice. The DPP has filed a Notice of Appeal against the High Court decision.
The EACC confirmed on Tuesday that it had received the petition. It said it would review the contents carefully before deciding on the next step. The commission said it had fulfilled its mandate by investigating and sending its findings to the DPP for independent review. It added that it will take part in the appeal. EACC Head of Corporate Communication Stephen Karuga received the petition on the commission's behalf.