DPP drops charges against ex-Merishaw School principal over alleged KCSE malpractice

Former Merishaw School principal David Gideon Kariuki and examination hall operator Alex Kasaine Kataiyo in the dock at the Milimani Law Courts on June 30, 2026. [Nancy Gitonga, Standard]

The DPP Renson Ingonga has withdrawn criminal charges against former Merishaw School principal David Gideon Kariuki and the school's examination hall operator Alex Kasaine Kataiyo over the alleged 2025 KCSE examination malpractice, barely a month after they were arraigned before a Nairobi court.

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

State counsel informed the court that the DPP had reviewed the case and approved the withdrawal of the charges against the two suspects, citing insufficient evidence while investigations into the matter continue.

"The DPP has reviewed the charges against the accused person and he has recommended that the same be withdrawn under Section 87(a) of the Criminal Procedure Code (CPC) pending conclusion of ongoing investigations," the prosecutor told the court.

The prosecution said the decision followed a review of the available evidence, adding that investigators were still pursuing further inquiries into the alleged examination malpractice.

The defence team, led by the former principal Kariuki’s counsel, whom the court heard is a long-serving public servant and also a former principal of Alliance High School, did not object to the withdrawal application from the DPP

After considering the application, Magistrate Mutai allowed the withdrawal under Section 87(a) of the Criminal Procedure Code.

"I will therefore allow the application by the DPP to have the charges withdrawn under Section 87(a) of the CPC," Magistrate Mutai ruled.

The withdrawal under Section 87(a) means the prosecution is at liberty to re-arrest and charge the two afresh should fresh evidence emerge upon completion of investigations.

Kariuki and Kataiyo, who were out on a personal bond of Sh100,000, were first arraigned before the same court on May 26, 2026, but did not take a plea after the prosecution requested more time, saying the DPP was reviewing the charges.

At the time, the prosecution told the court: "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 also indicated that it did not oppose the release of the suspects on bond pending the review.

In seeking their release, the defence submitted that the two had cooperated fully with investigators since the probe into the alleged examination irregularities commenced last year.

"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 told the court.

According to the charge sheet, Kariuki and Kataiyo had been 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.

The two also face a second count of conspiracy to commit a felony contrary to Section 393 of the Penal Code.

Prosecution alleged that between November 2 and 3, 2025, the pair conspired with others still at large to facilitate examination malpractice by interfering with the school’s CCTV surveillance system in aiding projections during the administration of the KCSE examinations.