Former Football Kenya Federation (FKF) president Nick Mwendwa is in hot soup barely 24 hours after the State withdrew graft charges against him.
Mwendwa is set to be charged with graft afresh after the Office of the Directorate of Public Prosecutions (ODPP) this morning summoned him to take plea on Monday, June 11 after the discovery of additional evidence.
“…the prosecution could not proceed with the hearing following the discovery of additional evidence availed by the Directorate of Criminal Communications (DCI). The prosecution has reviewed the additional evidence and applied for summons against [former] president of FKF Nicholas Mwendwa,” read a statement from the ODPP.
Yesterday, the State withdrew charges pressed against Mwendwa.
This was after magistrates’ court insistence that the criminal case should proceed albeit prayers by the prosecution to adjourn in a bid to review the evidence produced against Mwendwa.
Director of Public Prosecution Noordin Haji had prayed that the case should be adjourned to allow him to review the evidence before commencing the hearing.
However, Mwendwa’s lawyers Eric Mutua, Charles Njena and Victor Omwebu opposed the application arguing that the State was delaying the hearing.
According to the lawyers, it was unfair to have the case adjourn further as Mwendwa had been in court since last year in November.
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Milimani Anti-Corruption Court magistrate Eunice Nyutu dismissed DPP application prompting him to withdraw the case under section 87A of the criminal procedure code.
The section allows the prosecutor, with the consent of the court, at any time before judgment, to withdraw charges. Where charges were withdrawn before an accused person was called upon to make his defence, the accused person would be discharged.
When the case started, the court declined to detain Mwendwa citing different amounts of money.
Milimani Court magistrate Wandia Nyamu in her ruling last year said that the State was on a fishing expedition as there were conflicting amounts of money it alleged to have been siphoned from the federation.
According to her, investigators had sufficient time to gather evidence to support an intended charge of alleged fraudulent acquisition of public property.
In the case, the court heard that Mwendwa is being investigated for allegedly transferring Sh8.5 million from the FKF account to his personal accounts and authorising the fictitious withdrawal of Sh29.5 million from the federation’s account.
The magistrate ordered that he should be charged within seven days, in the alternative, the file for holding him for investigations should be closed.
Mwendwa’s fall from grace began when Sports CS Amina Mohamed disbanded FKF and appointed a caretaker committee headed by retired Judge Aaron Ringera to lead the federation for six months.