-
ODPP has withdrawn charges against former Merishaw School principal David Gideon Kairuki and the school’s examination hall operator, Alex Kasaine Kataiyo.
-
This after ODPP applied to withdraw the case against the two, stating that there were insufficient grounds to prosecute them.
The Office of the Director of Public Prosecutions (ODPP) has withdrawn charges against former Merishaw School principal David Gideon Kairuki and the school’s examination hall operator, Alex Kasaine Kataiyo.
The two were arraigned in court on May 26, 2026, over allegations of malpractice during the 2025 Kenya Certificate of Secondary Education (KCSE) examinations at the school.
However, the ODPP requested that the court defer the taking of their pleas pending further action.
In seeking the adjournment, the prosecution told the court that it was reviewing the charges against the two suspects and would update the court on the outcome, including whether a plea bargain agreement had been reached or the charges would be withdrawn.
When the matter came up before Milimani Magistrate Daisy Mutai on Tuesday, June 30, 2026, ODPP applied to withdraw the case against the two, stating that there were insufficient grounds to prosecute them.
The defence team, led by counsel for former principal Kariuki, did not oppose ODPP’s application to withdraw the case. The court heard that Kariuki is a long-serving public servant and a former principal of Alliance High School.
ALSO READ:
Magistrate Mutai allowed the prosecution to withdraw the charges under Section 87(a) of the Criminal Procedure Code (CPC), leaving the door open for the accused to be re-arrested and charged afresh should the prosecution choose to do so.
“I will therefore allow the application to have the charges withdrawn under section 87(a) of the Criminal Procedure Code (CPC),” Magistrate Mutai ruled.
According to the charge sheet, the duo were set to face charges of unlawfully disclosing examination questions to a student without authorization, contrary to Section 28(b) of the Kenya National Examinations Council (KNEC) Act, Cap 214A.
The prosecution alleges that on November 3, 2025, the two, acting jointly with others not before the court who were responsible for supervising and administering the examination, disclosed English Paper 1 examination material on Functional Writing Skills to candidates during the examination.
By Frank Mugwe
You can also follow our social media pages on Twitter: Education News KE and Facebook: Education News Newspaper for timely updates.
>>> Click here to stay up-to-date with trending regional stories
>>> Click here to read more informed opinions on the country’s education landscape
