Petition filed to revoke appointment of Oparanya to Cabinet

The petitioner, Fredrick Mulaa, wants the court to declare Oparanya's appointment illegal and revoke the Director of Public Prosecution order to review Oparanya's case days before his nomination.

In the court documents seen by Citizen Digital, the applicant sues the ODPP and the Attorney General who are listed as the first and second respondents respectively. Oparanya is listed as the first interested party while the Ethics and Anti-Corruption Commission is the second interested party.

The petitioner accuses the DPP of usurping powers of the EACC in dropping the charges against the former Kakamega governor among them conflict of interest, abuse of office, money laundering and conspiracy to commit an offence of corruption.

He argues that the ODPP ought to have consulted the commission before reviewing and dropping the case, on grounds of 'considering fresh evidence', since it is the mandate of the EACC to investigate.

"The 1st Respondent's decision to review the decision to charge premised on new evidence not presented before the investigative agency is a breach of public trust bestowed upon the office of the 1st Respondent," read the documents.

"The decision to review the decision to charge by the 1st Respondent is further contrary to Article 10 of the Constitution and in particular, the 1st Respondent's own guidelines specifically clause 3.1.2.2 on Guidelines on Decision to Charge 2019 which dictates that the investigative agency and victim shall be consulted if a decision not to charge is arrived at."

While terming the decision to review the case "conspicuous and coincidental" due to the timelines of the nomination, the applicant says that the unlawful review was meant to sanitize his nomination to the Cabinet.

The petitioner wants the anti-corruption court to issue an order quashing ODPP's decision to, "review its decision to charge the 1st Interested Party with the offences of conflict of interest, abuse of office, money laundering and conspiracy to commit an offence of corruption contained in its letter dated the 8th of July 2024 is illegal, irrational and unconstitutional."

Further, the petitioner wants the court to issue an order of mandamus compelling the EACC to publish in the Kenya gazette all past and future corruption, economic crimes, bribery and money laundering cases where consent to charge was issued and subsequently withdrawn and the nomination of Oparanya pronounced illegal.

This comes amid a clash between the EACC and DPP Renson Ingonga over the latter's decision to review Oparanya's case.

EACC in a statement to the DPP early this month rejected the DPP's proposal and maintained that the letter by the ODPP was written after Oparanya's nomination.

The letter by the ODPP is dated 8th July but EACC acknowledges receipt on the 25th July 2024.