Ministry of Cooperatives, and MSMEs Development Cabinet Secretary Wycliffe Oparanya now faces a fresh hurdle after a after a petitioner moved to court seeking to quash his appointment.
Fredrick Mulaa in the petition lodged at the anti-corruption division of the High Court said that the decision by the Director of Public Prosecutions (DDP) Renson Ingonga to review plans to charge Oparanya was illegal and not made in public interest.
The petitioner argues that the decision to drop the charges of conflict of interest, corruption, money laundering and abuse of office lacked adherence to the basic principles and tenets of law, including transparency, accountability, social justice, good governance and integrity.
“Consequently, the 1st interested party’s (Mr Oparanya) nomination to the position of a Cabinet secretary disregards the relevant material that is vital to the legislative and constitutional purpose of integrity which ought to have been taken into account during the nomination,” reads part of the petition.
Mulaa argues that the DPP decided to charge the former Kakamega governor with corruption-related charges on December 18, last year after concurring with the investigations conducted by the Ethics and Anti-Corruption Commission (EACC).
Also Read: CS Wycliffe Oparanya Threatens to Resign from Cabinet – VIDEO
However, DPP however Igonga reviewed the decision on July 8, 2024, and decided to drop the plans of charging Oparanya.
Petitioner Moves to Court Seeking to revoke appointment of CS Oparanya
According to the petitioner, the decision was conspicuously made the same time Oparanya was nominated to the Cabinet.
Mulaa further argued that the DPP’s action to evaluate alleged new evidence without calling for further investigations from the EACC was against the law and amounts to usurping the investigative mandate of the anti-graft body.
In addition, he states that the decision not to charge the Cooperatives CS violates the DPP’s guidelines since the investigative agency was not consulted.
The petitioner at the same time averred that the decision was made without regard to the public interest and the interest of the administration of justice, especially since the money alleged to have been embezzled was taxpayers’ money.
Also Read: EACC Responds to Reports of Stopping Oparanya from Being Appointed as CS
Mulaa adds that the explanation that the funds in question were a loan advanced to Oparanya by persons contracted by the Kakamega county government, speaks of gross violation of the tenet of objectivity and safeguarding the integrity and confidence of the office of the governor.
Row with EACC
This petition dates back to when EACC recommended the prosecution of Oparanya for allegedly irregularly receiving a benefit of Ksh56.7 million from a contractor, hired by the Kakamega County government.
However, the CS later defended himself saying the money wired to his account was a loan granted to him by one of the contractors’.
Oparanya is among the 19 CSs appointed by President William Ruto who were sworn in after being approved by Members of Parliament (MPs) on Wednesday, August 7, 2024.
President Ruto in a gazette notice announced the appointment of 19 CSs in their respective dockets in line with Article 152 (2) of the Constitution.
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