The petition was filed by Public Property Protector (Triple P), a Nairobi-based civil society organisation represented by Bob Ndolo alleges that the DPP’s decision to terminate proceedings against the Kisumu County Government City Manager Abala Wanga who had been accused of using a forged KCSE certificate on Monday this week constitutes a direct violation of Article 157 subsection 11 of the Constitution and gross misconduct warranting removal from office under Article 158.

Abala was accused of forging his academic papers forged KCSE certificate and clearance documents to secure the appointment and, in doing so, unlawfully obtained public funds amounting to Sh 8.7 million in salaries and allowances

Lobby group also accuses DPP of unconstitutionally terminating a corruption case backed by forensic evidence from the Kenya National Examinations Council.

“The decision to terminate the proceedings was not based on insufficiency evidence. Rather, it appears to have been influenced by extraneous and ulterior considerations, thereby amounting to an abuse of prosecutorial discretion,” Ndolo wrote in the petition addressed to the Chairperson of the Public Service Commission.

“Rather, it appears to have been influenced by extraneous and ulterior considerations, thereby amounting to an abuse of prosecutorial discretion.”

Abala was first arraigned on December 3, 2025, before Milimani Chief Magistrate Harrison Barasa at the Nairobi Anti-Corruption Court, facing a raft of serious charges tied to his tenure as Kisumu City Manager.

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, a position he allegedly obtained using a forged KCSE certificate bearing serial number 268532.

The Kenya National Examinations Council had verified and confirmed that the certificate was fraudulent.

Abala faced additional charges 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.

He was also accused of facilitating the travel of a woman who is not a county employee to Lagos, Nigeria, using falsified documentation.

However, during that first court appearance, Abala did not take a plea.

His lawyer Steve Ogolla informed the court that he had written to the DPP requesting a review of the charges.

The defence further accused the Ethics and Anti-Corruption Commission of failing to record statements from several key Kisumu County officials.

He later failed to appear in court severally to answer to the criminal charges citing being unwell and admitted in hospital.

Concurrently, during the period the defence and the state counsel assigned to prosecute the matter informed the court that they were still awaiting Ingonga’s directive on request by Abala to review the criminal charges against him.

The forgery charges were then abruptly dropped by the DPP before the accused could even enter a plea without giving proper reasons, a request that the court allowed on Monday and decision that has now triggered the petition.

The petition alleges that the DPP ignored a critical piece of background information before pulling the case.

The lobby group states that expert verification by the Kenya National Examinations Council (KNEC) confirmed that the academic certificates in question were forged.

The petition further alleges that the accused had a prior criminal record, having previously been convicted in a Kiambu Magistrate Court for forgery in another public office a material fact the petitioner says the DPP appeared to disregard entirely.

“The failure by the DPP to take into account this material fact raises serious concerns about due diligence, prosecutorial integrity, and possible deliberate disregard of relevant evidence,” the petition states.

“The failure by the DPP to take into account this material fact raises serious concerns about due diligence, prosecutorial integrity, and possible deliberate disregard of relevant evidence,” Ndolo wrote.

The petition lands at a particularly sensitive moment. In October 2025, the Government of Kenya issued a nationwide directive requiring all ministries, departments, agencies, and county governments to conduct comprehensive audits of public servants’ academic credentials.

The crackdown, spearheaded by the Public Service Commission in collaboration with the EACC and KNEC, has resulted in multiple arrests and prosecutions across the country.

Ndolo argues the DPP’s move to drop the Abala case has directly undercut that effort.

“While the Government has deployed significant public resources, institutional coordination, and policy direction to combat fake academic credentials, the DPP has acted in a manner that defeats these efforts,” he stated in the petition.

The petitioner also warned of wider societal consequences, arguing the outcome sends a damaging message to young Kenyans who have acquired genuine academic qualifications but remain excluded from employment opportunities and promotes a culture where fraud is rewarded and merit is disregarded.

Among its key demands,Triple P is calling on the Public Service Commission to initiate the establishment of a tribunal under Article 158 of the Constitution to investigate the DPP’s conduct, enjoin both the EACC and KNEC to present their forensic findings before the tribunal

Further the looby group seeks to have summons against Abalaand require production of the contested academic and clearance documents, and recommend the removal from office of the Director of Public Prosecutions Ingonga should the tribunal find that his actions violated the Constitution and public trust.

Copies of the petition have been forwarded to the Ethics and Anti-Corruption Commission, the Judicial Service Commission, the Commission on Administrative Justice, and the Law Society of Kenya.

The Office of the DPP had not responded to the allegations at the time of publication, and the Public Service Commission had not indicated whether it would act on the petition.

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