The High Court has directed Cabinet Secretary Wycliffe Oparanya to file his responses within fourteen days to a lawsuit challenging his appointment as Cabinet Secretary for Cooperatives and Micro, Small, and Medium Enterprises Development.
The order was issued by Justice Benjamin Musyoki of the Milimani Anti-corruption High Court Division in response to a petition filed by Fredrick Mulaa.
Mulaa’s petition questions the legality of Oparanya’s appointment, arguing that the decision by the Director of Public Prosecution (DPP), Renson Ingonga, to review and withdraw corruption charges against Oparanya was improper and contrary to the public interest.
According to Mulaa, the DPP’s decision, made on July 8, 2024, was not only a breach of legal requirements but also violated principles of transparency, accountability, and good governance.
The controversy revolves around the DPP’s failure to charge Oparanya, which Mulaa claims was timed to coincide with Oparanya’s cabinet appointment.
Mulaa alleges that the DPP’s review of alleged new evidence, without further investigation by the Ethics and Anti-Corruption Commission (EACC), undermined the EACC’s investigative powers and was contrary to public interest and justice.
Earlier, the EACC had recommended prosecuting Oparanya for allegedly receiving Ksh56.7 million from a contractor hired by the Kakamega County government. Oparanya has defended himself by asserting that the funds in question were a loan from the contractor.
However, Mulaa contends that accepting such a loan compromises the integrity of the governor’s office and violates Article 75 of the Constitution.
Mulaa’s petition seeks to have the court declare that Oparanya’s appointment is inconsistent with legal and constitutional standards of leadership and integrity. He argues that the illegal review of charges and subsequent appointment disregards essential principles vital to maintaining integrity in public office.
As the court awaits Oparanya’s response, this case has sparked significant debate about the intersection of legal integrity and political appointments, highlighting ongoing concerns over accountability and transparency in public office.
