Cooperatives Cabinet Secretary Oparanya Faces New Petition After Court Nullifies Charge Withdrawal

On Tuesday, November 10, lobby groups operating under the National Integrity Alliance submitted petitions to the Ethics and Anti-Corruption Commission demanding fresh action on corruption allegations against Cooperatives Cabinet Secretary Wycliffe Oparanya after a High Court judgment nullified the withdrawal of charges.

The High Court judgment delivered on October 2, 2026 declared the Office of the Director of Public Prosecutions' decision in July 2024 to abandon the prosecution of Oparanya irregular, unconstitutional and therefore null and void, and quashed the decision communicated on July 8, 2024.

Transparency International Kenya representative Sheila Masinde said the court had found the DPP's decision to review its earlier decision to charge Oparanya with conflict of interest, money laundering and abuse of office irregular and unconstitutional.

Kenya Human Rights Commission Executive Director David Malombe said the petitions request the EACC to conduct necessary investigations and independent verification of the fresh evidence in line with its constitutional and statutory mandate.

EACC spokesperson Stephen Karuga said the commission had discharged its statutory and constitutional obligations and would carefully review the petition to determine the appropriate course of action.

The lobby groups, which include Transparency International Kenya, Institute for Social Accountability and Kenya Human Rights Commission, said the petitions aim to establish steps to be taken following the judgment, ensure fresh evidence is addressed and promote accountability in any subsequent corruption matters.

The groups also asked the EACC to independently examine any new evidence and decide whether further investigations or legal action are necessary, giving the ODPP and EACC 14 days to provide written updates on the steps proposed.

The corruption allegations against Oparanya stem from his time as Kakamega Governor, where the EACC investigated claims involving more than KSh1.3 billion in suspected irregular wealth and alleged payments linked to companies that secured county contracts.

In December 2023 the DPP had approved the EACC's recommendation to prosecute Oparanya on charges of conflict of interest, money laundering and abuse of office, but reversed that decision in July 2024 shortly after his nomination to the Cabinet.

Civil society groups also highlighted a separate graft claim of KSh56.7 million linked to kickbacks from companies that obtained contracts in Kakamega County during Oparanya's governorship, for which the EACC had previously recommended prosecution before the DPP withdrew the charges.

Inuka Kenya Ni Sisi chief executive officer Kawive Wambua said the petition seeks to ensure the court's orders are enforced and that the ODPP and EACC respect their respective constitutional mandates.

National Integrity Alliance representative Diana Gichengo noted that the High Court found the investigative process had been bypassed, making it essential for the EACC to scrutinise the fresh evidence.

The NIA further urged the ODPP to forward the evidence to the anti-graft agency and to issue instructions for fresh investigations, warning that the ODPP's appeal should not be used to delay implementation of the court's findings.