Court has today dismissed the Sh38m theft case filed against Football Kenya Federation (FKF) President Nick Mwendwa by the Director of Public Prosecutions (DPP) Noordin Haji.
Kiambu Senior Principal Magistrate Wilson Rading dismissed the charges against the embattled FKF boss saying they were “defective, unlawful and unconstitutional”, and directed that Mwendwa not be arrested or charged again based on the same conclusions reached by the investigation team.
The case filed by DPP Haji saw a spiral of events that led to Mwendwa being arrested, released and eventually stepping aside while the case was pending.
He is now able to resume his duties after being hounded out of office on November 11, 2021, by Sports CS Amina Mohamed following an audit of the federation's accounts and alleged misuse of funds.
Mwendwa was charged with conspiracy to defraud Sh38 million, with the Sports CS disbanding the Federation, and later appointing a caretaker committee to steer football matters in the country.
This led to FIFA suspending Kenya from international football which affected the nation's local clubs, national football teams and referees. The country served a suspension imposed by Fifa in February 2022 for government interference.
The charges stated that he conspired to commit an offence of corruption where it was alleged he defrauded Football Kenya Federation Sh29 million between April 16, 2021, and May 31, 2021.
The other charges stated that on March 4 2021, Mwendwa fraudulently acquired Sh5 million which was public funds allocated to FKF and committed a similar offence on May 15, 2021, when he allegedly acquired Sh2.5 million through fraud and another Sh1 million from FKF on May 6, 2021. The case was then terminated in July 2021 when the DPP failed to present witnesses.
The FKF boss denied the four counts in which he was alleged to have committed between March and May 2021.
Fifa's conditions before lifting the suspension were for the government to return the running of the sport to FKF and for the Goal Project offices to be reopened.
The ban was lifted in November last year, however, the men’s team missed the 2023 Africa Cup of Nations qualifiers with the Harambee Starlets (women's team) failed to participate in a two-legged World Cup qualifiers against neighbours Uganda.
Clubs were also omitted from the CAF Confederation and Champions League games.