The political career of Wycliffe Oparanya, the Cabinet Secretary for Cooperatives and MSMEs, faces renewed uncertainty after the High Court reinstated corruption charges against him, ruling that their earlier withdrawal was both unlawful and unconstitutional.

Delivering the verdict at the Milimani Law Courts on Tuesday, Justice Benjamin Musyoki overturned a July 2024 decision by the Director of Public Prosecutions (DPP) to terminate proceedings against Oparanya.

In a scathing ruling, the court found that the DPP had acted outside the law by failing to consult the Ethics and Anti-Corruption Commission (EACC) — the investigative body that had initially recommended the charges.

The case centres on accusations from when Oparanya was Governor of Kakamega County. He is accused of giving out contracts worth Sh56.7 million to companies that were possibly connected to him. The charges he faces include using his position wrongly, having a conflict of interest, being involved in money laundering, and planning to commit corruption.

Although Parliament cleared Oparanya for his Cabinet role earlier last year, Tuesday’s ruling casts doubt over the legal and ethical soundness of that clearance. The court, while upholding the parliamentary vetting process, criticised the DPP’s decision to drop the case as “shrouded in mystery and worked against public interest.”

Justice Musyoki cited Article 157(11) of the Constitution, stating that the DPP is obliged to act in the public interest, serve the cause of justice, and avoid abuse of the legal process.

Instead of seeking fresh investigations from the EACC, the DPP had relied on documents submitted by Oparanya’s lawyers — a move the court said undermined the EACC’s mandate and blurred the lines between prosecution and investigation.

The ruling has serious consequences. Although Oparanya is still in office, the verdict has raised fresh doubts about his fitness to hold a top government position. Some government officials are reportedly uneasy about the developments and are persuading the CS to step down.