DPP withdraws KCSE exam fraud charges against former Merishaw principal

The Director of Public Prosecutions (DPP) Renson Ingonga has withdrawn criminal charges against former Merishaw School principal David Gideon Kariuki and the school’s examination hall operator Alex Kasaine Kataiyo over their alleged involvement in the 2025 Kenya Certificate of Secondary Education (KCSE) examination malpractice.

The charges were withdrawn on Tuesday, June 30, 2026, when the matter came up for plea taking before Milimani Chief Magistrate Daisy Mutai.

The prosecution informed the court that the DPP had reviewed the case and determined that the available evidence was insufficient to sustain the charges at this stage. State counsel told the court that investigations into the alleged examination malpractice were still ongoing and requested that the charges be withdrawn under Section 87(a) of the Criminal Procedure Code (CPC).

“The DPP has reviewed the charges against the accused persons and has recommended that the same be withdrawn under Section 87(a) of the Criminal Procedure Code pending the conclusion of ongoing investigations,” the prosecutor submitted.

The prosecution explained that the decision followed a comprehensive review of the evidence gathered so far, adding that investigators were pursuing further inquiries into the alleged examination irregularities.

The defence, led by Kariuki’s lawyer, did not oppose the application for withdrawal. Counsel reminded the court that Kariuki is a long-serving public servant and a former principal of Alliance High School, while Kataiyo had consistently cooperated with investigators throughout the probe.

After considering the application, Chief Magistrate Mutai allowed the withdrawal.

“I will therefore allow the application by the DPP to have the charges withdrawn under Section 87(a) of the Criminal Procedure Code,” the magistrate ruled.

The withdrawal under Section 87(a) does not amount to an acquittal. It allows the prosecution to re-arrest and charge the two suspects should fresh evidence emerge upon the conclusion of investigations.

Kariuki and Kataiyo had initially been arraigned before the same court on May 26, 2026, but did not take plea after the prosecution requested additional time, saying the DPP was reviewing the charges.

At the time, the prosecution told the court that the Office of the DPP required 60 days to determine whether to proceed with the case, enter into a plea bargain, or withdraw the charges.

“The DPP is reviewing the charges against the accused persons. We therefore request a period of 60 days in which we will update the court on the plea bargain agreement and whether to drop the charges or not,” the prosecution had submitted.

The prosecution also did not oppose the release of the two suspects on bond pending the review.

In support of the bond application, the defence argued that both accused persons had fully cooperated with investigators since the Directorate of Criminal Investigations (DCI) launched investigations into the alleged examination malpractice in 2025.

“The first accused (Kariuki) is a long-serving public servant and also a former principal of Alliance High School. Kasaine’s place of work is known. They have cooperated with investigations since last year when the probe started and have been appearing before DCI detectives as and when required. We will ensure they attend court whenever required,” the defence submitted.

The court subsequently released each of the two accused on a personal bond of Sh100,000 pending further directions.

According to the charge sheet, Kariuki and Kataiyo were accused of unlawfully disclosing the contents of the 2025 KCSE English Paper One examination to candidates at Merishaw School in Isinya Sub-County, Kajiado County, on November 3, 2025.

They also faced a second count of conspiracy to commit a felony contrary to Section 393 of the Penal Code.

The prosecution alleged that between November 2 and 3, 2025, the two conspired with other suspects who remain at large to facilitate examination malpractice by deliberately interfering with the school’s CCTV surveillance system to aid the projection of examination materials during the administration of the KCSE examinations.

Although the charges have now been withdrawn, investigations into the alleged examination irregularities remain active, leaving open the possibility of fresh charges should investigators uncover additional evidence.