The Director of Public Prosecution has informed court of his intention to withdraw graft charges against Kisumu City Manager Michael Abala Wanga.
The prosecutor told Chief Magistrate Harrison Barasa that Wanga has agreed to restitute the money back to the Kisumu County Government.
When the magistrate questioned whether the same was plea bargaining, the prosecutor was hesitant to respond and insisted that it was just a settlement.
C.M Barasa noted that he prefers such application to be made formally and not orally as done by the prosecution.
The Ethics and Anti-Corruption Commission (EACC) reiterated the Magistrate’s sentiments noting that “this case is a public interest matter, therefore, the DPP should be allowed to make a formal request so that we can respond accordingly.”
According to his lawyer Steve Ogolla, Wanga has never pleaded to the charges in that file hence no need for a formal application
“There can not be a formal application where a charge sheet was registered but plea was not taken,” Ogolla submitted.
According to Ogolla, it would not be wrong or irregular if the court permitted the oral withdrawal of the said charges.
The court also noted that there is a formal agreement on the said settlement meaning the process was yet to be concluded.
The prosecutor informed the court that he would have to go back to the office and seek instructions on the same.
C.M Barasa will deliver ruling on 13th April 2026. The accused person was ordered to be physically present in court.
On 7th April 2026, the court had issued summons against Wanga to appear in court physically to plead to the charges, failure to which a warrant of arrest would be issued against him.
This came after Wanga failed to appear in court multiple times over the last couple of months on grounds that he was unwell.