The Nairobi Anti-Corruption court has allowed the Director of Public Prosecution to withdraw several graft charges against Kisumu City Manager Michael Abala Wanga.
Chief Magistrate Harrison Barasa allowed the application by the DPP which stated that Abala Wanga was willing to restitute the money back to Kisumu County Government.
Abala had not pleased to the charges as his lawyer had written to the DPP seeking review of the charges.
The magistrate ruled that Section 87(a) of the CPC gives the learned magistrate the discretion to accept or reject an application for withdrawal of charges presented by the prosecutor.
“Such discretion stands to be exercised judiciously taking into account the facts of each case and in particular whether the application is brought in the public interest, in the interest of administration of justice abd avoid abuse of the legal process,” the magistrate ruled.
The magistrate added that, “even though a withdrawal under section 87(a) of the Criminal Procedure Code does not bar the future arrest and charging of the accused person under the same facts and noting that the accused may still be arraigned should he fail to fulfil the agreed conditions, I shall allow the prosecution’s application”.
“The applicant and submissions in this file were adopted in criminal case E064/2025 save for the issue of restitution, I shall likewise allow the charges in that file to be withdrawn.
Consequently, the accused person is discharged of the charges,” the magistrate ruled.
Abala had been accused of corruption, forgery, acquisition of public property among others.