Wycliffe Oparanya hits out at DPP in incitement case

Governor Wycliffe Oparanya has accused the Director of Public Prosecutions (DPP) of usurping his powers by pushing for his prosecution.

The governor has been charged with incitement to violence at Kakamega Magistrates' Court. The charge sheet reads: "On April 26, 2014 at Mabole village in Kakamega, without lawful excuse, Oparanya uttered the words: "Kimila mpaka ifanyike, boma itandazwe (traditions have to be followed and the home has to be cleansed)" words which led to mourners burning houses, damaging property and causing injury to Wilsham Malele, Emilly Maika, Roseline Linet and George Namai.

DPP Keriako Tobiko submitted to the Kakamega High Court that a suspended criminal charge against Mr Oparanya in the lower court should proceed on constitutional merit.

Kamamega Deputy DPP Peter Mailanyi argued that Mr Tobiko has powers to prosecute. "Article 157 mandates the DPP to commence criminal proceedings and in exercise of other powers not under the direction of any person or authority," said Mr Mailanyi.

Through his advocate Gregory Ombito, Oparanya successfully petitioned the Kakamega High Court last July for suspension of his prosecution in the Magistrates' Court pending the outcome of the petition.

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Mailanyi questioned the High Court's decision through submissions to counter those of Oparanya. "It would be improper for this court to attempt to determine the intended criminal case, which is not before it," he said.

But Oparanya accused the DPP's office of giving itself 'unchallengeable' powers. "The theory of Article 157 purporting to give absolute powers to DPP is profound fallacy," he argued. Justice Ruth Sitatai will give judgement on the matter next month.