Milimani Magistrate  Celasa Okore gave detectives 14 days to visit the hospital and confirm whether the suspect, who faces charges of forging academic papers and fraudulently earning Sh8.7 million in salaries over four years, is indeed unwell and admitted as claimed.

The directive came after state prosecutor Bora sought two weeks to verify the medical documents presented by Abala’s lawyers, led by Steve Ogola.

“The accused person is absent. We have been presented with medical documents which our investigators need to investigate. We seek two weeks to allow the EACC investigators to do so,” Prosecutor Bora told the court.

“We urge that during the next mention, a plea-taking date be fixed as the plea is delaying.”

Ogola told the court that his client failed to appear for the scheduled plea-taking because he is currently admitted at Aga Khan Hospital in Kisumu and is expected to undergo surgery.

“We seek four weeks to enable the client to recuperate as the doctors are yet to indicate whether he will undergo surgery,” Ogola stated, requesting that his client’s pre-bail be extended.

The lawyer further indicated that he has written to Director of Public Prosecutions Renson Ingonga seeking a review of the charges against his client.

Magistrate Okore ordered that the matter be mentioned within two weeks to receive progress on the hospital verification, authentication of the medical documents, and an update on the DPP’s review of the charges.

The case has been set for mention on March 2, 2026.

Abala Wanga was first arraigned on December 3, 2025, before Nairobi Anti-Corruption Court to face allegations of forging his KCSE certificate to secure his county position and illegally earning Sh8.7 million in salaries over four years.

According to charge sheets filed in court, Abala is accused of fraudulently acquiring Sh8,701,091 from the Kisumu County Government between September 22, 2020 and November 30, 2024 while serving as Kisumu City Manager, a position he allegedly obtained using a forged KCSE certificate bearing serial number 268532.

He is also accused of forging an invitation letter dated June 10, 2024, purportedly from the University of Lagos, which he allegedly used to claim Sh283,402.50 in excessive daily subsistence allowances for attending the CLEAN Air Forum in July 2024.

Additional charges include facilitating the travel of a woman who is not a county employee to Lagos, Nigeria, using falsified documentation.

During his first appearance on December 3, 2025, before Milimani Chief Magistrate Harrison Barasa, Abala did not take plea after his lawyer informed the court that he had written to the DPP requesting a review of the charges.

The defence had accused the Ethics and Anti-Corruption Commission (EACC) of failing to record statements from several key Kisumu County officials, including the County Human Resource Director, the Kisumu City Human Resources Officer, the County Payroll Manager, the Governor’s Chief of Staff, the County Travel and Logistics Officer, and Abala’s secretary.

Magistrate Barasa had then set December 19, 2025 as the date for plea-taking, releasing Abala on a Sh500,000 personal bond.

However, the plea taking again was postponed to February 6,2026 where Abala has failed to appear.

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This is after the court on Wednesday December 3,2025 granted the prosecution more time to seek directions from the Director of Public Prosecutions (DPP) Renson Ingonga.

Abala had been expected to plead to two criminal cases before Milimani Chief Magistrate Harrison Barasa, but his lawyer, Steve Ogolla, sought a deferment pending a review of the charges.

Ogolla told the court that the defence had written to the DPP, Renson Ingonga, on November 26, 2025, requesting the recall of the file for further review, citing alleged gaps in investigations conducted by the Ethics and Anti-Corruption Commission (EACC).

“We have written to the DPP requesting intervention by way of recalling the file and satisfying himself that the file is complete and ready for plea. We are yet to receive a response on the same,” Ogolla told the court while seeking a four-week deferment.

The defence accused the EACC of failing to record statements from several key Kisumu County officials during the investigations.

“In our letter, we have accused the EACC of failing to interview the following officials, namely the County Human Resource Director, the Kisumu City Human Resources Officer, the County Payroll Manager, the Governor’s Chief of Staff, the County Travel and Logistics Officer, and even Abala’s own secretary,” Ogolla said.

The prosecution confirmed that the DPP had indeed received the defence request seeking a review of the charges and sought seven days to allow the DPP to issue formal directions.

In his ruling, Magistrate Barasa emphasized that the court could not interfere with or direct investigative agencies on how they should conduct their work.

“From the onset, this court must emphasize that it cannot instruct any investigating agency, including the EACC, on the manner in which it should conduct its investigations. Such authority is granted to the Office of the DPP,” Barasa ruled.

He observed that investigations into the case had already been completed and that two charge sheets had been prepared, which was why the accused had been presented in court for plea-taking.

“Upon listening to the prosecution in this case, investigations into the matter have concluded and that is the reason the charge sheets in both cases were drafted and filed. However, the defence counsel has informed the court that he has written to the DPP and raised issues touching on the complaint before this court,” Barasa stated.

The magistrate further acknowledged that the prosecution had received the defence letter and required time to obtain directions from the DPP as mandated under Article 157 of the Constitution, which empowers the DPP to oversee and direct criminal prosecutions.

The court also addressed an earlier request by the defence for Abala to be allowed to record a statement.

Barasa ruled that the request had been overtaken by events after it emerged that the suspect had already recorded statements on two different occasions.

“Indeed it is true that this court had earlier directed that the suspect be provided a chance to record a statement. However, in light of new information indicating that the relevant statement has already been recorded on two different occasions in November 2021 and February 2025, it would be inappropriate for this court to direct that the suspect record another statement prior to the taking of plea,” the magistrate ruled.

Barasa then granted the prosecution’s request for more time and set December 19, 2025, as the date for plea-taking. Abala was released on a Sh500,000 personal bond pending his next court appearance.

According to the charge sheets filed in court, Abala is accused of fraudulently acquiring Sh8,701,091 from the Kisumu County Government between September 22, 2020, and November 30, 2024, while serving as Kisumu City Manager, a position he is alleged to have obtained using a forged KCSE certificate.

He is further accused of forging and uttering a KCSE certificate bearing serial number 268532 and presenting it to the Kisumu County Public Service Board in order to secure employment.

In a separate case, Abala is accused of forging an invitation letter dated June 10, 2024, purportedly issued by the University of Lagos, inviting him to attend the CLEAN Air Forum in July 2024.

EACC investigators allege that he used the forged letter to claim Sh283,402.50 in excessive daily subsistence allowances.

He faces additional charges of forging the letter, uttering a false document, fraudulently acquiring public funds, abusing his office to confer a benefit on himself, and acquiring proceeds of crime.

Abala is also accused of facilitating the travel of a woman who is not a Kisumu County employee to Lagos, Nigeria, allegedly using falsified documentation.

He is expected to answer to all the charges when he returns to court for plea-taking on December 19, 2025.

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