By Andrew Kariuki
A Nairobi court has declined a request by the Directorate of Criminal Investigations (DCI) to detain two men accused of operating fraudulent online groups purporting to alter Kenya Certificate of Secondary Education (KCSE) results, instead releasing them on cash bail as investigations continue.
David Opiyo Odhiambo and Albert Kerry Nyandianga were presented before the Chief Magistrate’s Court at the Milimani Law Courts on January 19, 2026, following an urgent application filed by the DCI seeking custodial orders to hold them for seven days at Muthaiga Police Station.
The application was brought under Article 49(1)(f) of the Constitution and provisions of the National Police Service Act.
In the application, investigators said they were probing offences of false publication under Section 22(1) of the Computer Misuse and Cybercrimes Act, 2018 and obtaining money by false pretences under Section 313 of the Penal Code.
The DCI alleged that the two respondents were administrators of multiple WhatsApp and Telegram groups with a combined following of more than 42,000 members, where they falsely claimed to have links with the Kenya National Examinations Council (KNEC) and the ability to alter KCSE grades in exchange for payment.
According to the supporting affidavit sworn by Inspector John Kariuki of the DCI’s General Investigations Unit, the respondents allegedly solicited money from unsuspecting members of the public, with the amount charged depending on the grade a candidate wished to obtain. Investigators further claimed that the suspects shared images of KNEC offices and purported examination portals to convince victims that they were genuine insiders.
The affidavit stated that Nyandianga was arrested in Migingo, Kisumu County, where he was allegedly hiding, while Odhiambo was arrested in Ongata Rongai, Kajiado County.
During the arrests, police seized several electronic devices, including mobile phones and a laptop, which were allegedly logged into the suspect WhatsApp and Telegram groups and are believed to contain critical data dating back to the 2024 KCSE examinations.
The DCI told the court that more time was needed to conduct forensic analysis of the seized devices, obtain results from earlier court-approved investigations into the suspects’ M-Pesa accounts, and trace other alleged accomplices believed to be operating within Nairobi, Rongai, Kiambu and Thika.
Investigators also argued that the respondents posed a flight risk due to their proximity to the Kenya–Tanzania border.
However, Chief Magistrate Lucas Onyina declined to grant the custodial orders, ruling that the prosecution had not demonstrated sufficient grounds to justify continued detention.
The court instead released the two on cash bail of Sh70,000 each and directed them to cooperate with investigators and present themselves before the DCI when required.
The matter is scheduled to be mentioned on February 2, 2026, for an update on the progress of investigations.
