NAIROBI, Kenya, Nov 11 – The National Integrity Alliance (NIA) has called on anti-corruption agencies to resume investigations into allegations of corruption involvingCo-operatives Cabinet Secretary Wycliffe Oparanya following a High Court ruling that invalidated the withdrawal of criminal charges against him.
The coalition wants the Office of the Director of Public Prosecutions (ODPP) to refer fresh evidence to the Ethics and Anti-Corruption Commission (EACC) for independent investigations and subsequently make a fresh decision on whether Oparanya should face prosecution.
The demands follow a judgment delivered on October 2, 2026, in Petition No. E004 of 2024, Fredrick Mulaa v ODPP and Others, in which the High Court declared unconstitutional, irregular, null and void the ODPP’s decision to withdraw charges against Oparanya.
The allegations relate to conflict of interest, abuse of office, money laundering and conspiracy to commit an offence of corruption during Oparanya’s tenure as governor of Kakamega.
The court also found that the prosecution agency had overstepped its constitutional mandate by considering fresh evidence without first referring it to the EACC, which is constitutionally mandated to investigate corruption and economic crimes.
NIA said the ODPP should implement the judgment rather than pursue further legal challenges that could delay accountability.
“ODPP MUST ACT: Immediately give effect to the Court’s judgment, refer the fresh evidence to EACC and issue the necessary instructions for further investigations. Upon receipt of the findings, independently make a prosecutorial determination in accordance with the Constitution. Where the evidence supports prosecution, institute criminal proceedings against Oparanya.”
“EACC MUST INVESTIGATE: Upon receiving the requisite referral and instructions, undertake independent investigations and verification of the fresh evidence and submit its findings through the appropriate legal processes.”
The coalition expressed concern over the ODPP’s decision to file another notice of appeal, arguing that successive legal proceedings should not frustrate implementation of the court’s findings.
However, the judgment does not amount to a conviction or a determination that Oparanya committed the offences.
It primarily addresses the legality of the ODPP’s decision to withdraw the charges and the respective constitutional mandates of the prosecution and investigative agencies.
NIA brings together Transparency International Kenya, Inuka Kenya Ni Sisi, the Kenya Human Rights Commission and the Institute for Social Accountability.
The coalition said the court’s decision should provide an opportunity for the relevant institutions to subject the fresh evidence to proper investigative scrutiny and pursue accountability through established legal procedures.
