The Directorate of Public Prosecutions (DPP) has withdrawn charges against former Merishaw School principal David Gideon Kariuki and the school’s examination hall operator Alex Kasaine Kataiyo.

The duo had been arraigned on May 26, 2026, over allegations of malpractice in the 2025 KCSE examination at the institution, but the DPP requested the court defer the plea-taking.

In seeking the deferment, the prosecution informed the court they were reviewing the charges against the two and that they would update the court on the plea bargain agreement and whether to drop the charges or not.

When the matter came up on Tuesday, June 30, 2026, before Milimani Magistrate Daisy Mutai, the DPP filed an application to withdraw the case against the two, citing a lack of grounds to charge them.

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.

Magistrate Mutai allowed the prosecution to withdraw the matter under section 87(a) of the Criminal Procedure Code (CPC), which means they can be re-arrested and charged afresh.

“I will therefore allow the application to have the charges withdrawn under section 87(a) of the Criminal Procedure Code (CPC),” Magistrate Mutai ruled.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 two were supposed to be charged with sharing exam questions with a student without permission, which goes against section 28(b) of the KNEC Act Cap 214A.

The charge sheet states that on November 3, 2025, the two, jointly with others not before the court who are persons charged with supervision and administration, disclosed English Paper 1 examination material, functional writing skills, to students during the conduct of the examination.