The Director of Public Prosecutions (DPP) has withdrawn criminal charges against former Merishaw School principal David Kariuki and a school employee, who had been accused of facilitating malpractice during the 2025 Kenya Certificate of Secondary Education (KCSE) examinations.
Milimani Principal Magistrate Daisy Mutai allowed the DPP's application to terminate the proceedings under Section 87(a) of the Criminal Procedure Code after finding that the request satisfied the legal requirements.
"I will therefore allow the application to have the charges withdrawn under Section 87(a) of the Criminal Procedure Code," the magistrate ruled.
The decision came after the Office of the Director of Public Prosecutions (ODPP) sought time to re-evaluate the evidence and review the matter before determining whether it should continue.
During a mention of the case on May 26, 2026, the prosecution informed the court that it required 30 days to conduct a fresh assessment of the file before making a final decision on the charges.
Kariuki, who previously served as principal of Alliance Boys High School before joining Merishaw School, had been jointly charged with Alex Kataiyo Kasaine, the school's G-MAX Hall operator.
The two had denied allegations that they unlawfully disclosed confidential KCSE examination material during the administration of the 2025 national examinations.
According to the charge sheet, the alleged offence occurred on November 3, 2025, at Merishaw School in Isinya, Kajiado County, where the accused, together with other persons not before the court, were said to have leaked English Paper 1 (101/1) Functional Writing Skills while performing duties connected with the supervision and administration of the examinations.
They also faced a separate count of conspiracy to facilitate examination malpractice. Prosecutors alleged that they interfered with the school's closed-circuit television (CCTV) surveillance system to create an opportunity for examination irregularities.
Although the charges have now been withdrawn, the termination is not an acquittal. Because the withdrawal was made under Section 87(a) of the Criminal Procedure Code, the DPP is legally permitted to reinstate the case in future should further investigations or a review of the evidence justify fresh prosecution.
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