Justice George Odunga said that the charge was without basis, given that Oparanya had been cleared by the Kakamega County Assembly for alleged misuse of the public funds/FILE
NAIROBI, Kenya, Jun 29 – The High Court has quashed criminal charges against Kakamega Governor Wycliffe Oparanya over the complaint of failure to appear before Senate Public Accounts Committee.
Justice George Odunga said that the charge was without basis, given that Oparanya had been cleared by the Kakamega County Assembly for alleged misuse of the public funds.
The judge prohibited the Director of Public Prosecution from sustaining the prosecution since the charge lacks merits in law.
The court found and held that summons issued by the Senate were not in compliance with the law.
“There was already an order from court stopping the Senate from effecting its summons against the governor which it disobeyed,” the judge said.
Governor Oparanya was to be charged on December 14, 2015 as recommended by the DPP, but he moved to the High Court to challenge the criminal indictment and subsequently obtained an order barring the DPP from prosecuting him.
The Senate Public Accounts Committee Chaired by Kakamega Senator Boni Khalwale wanted Oparanya to answer to audit queries from 2013 to 2014 over the county Budget.
The Senate Clerk Jeremiah Nyegenye complained to the DPP about Oparanya’s failure to appear before the Public Accounts Committee to respond to queries by the Auditor-General.
He surrendered himself to Muthaiga Police Station after the Director of Public Prosecutions ordered his arrest and was released on Sh10,000 bond.
Oparanya also recorded a statement with the CID in Nairobi over accusations of hate speech.
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