What you need to know:
- Mwendwa, who had last week on Monday been released on a Sh4 million cash bail after spending the weekend behind bars, is now a free man.
Embattled FKF Nick Mwendwa is now a free man after the state failed to prefer charges against him over alleged misappropriation of funds at the federation.
The state on Thursday morning failed to prefer charges against Mwendwa as directed by the court last week.
The Prosecution had been granted seven days to prefer charges against the FKF boss.
When the matter came for mention virtually the state said it wishes to close the file pending further investigations.
"We seek to close the file for the time being as we proceed with investigations before we prefer charges against him," state prosecutor Everlyn Onunga told Milimani Senior Principal Magistrate Wandia Nyamu.
As a consequence Mwendwa is free for now as he awaits any other cause to be taken by the Prosecution in the ongoing probe into the alleged misappropriation of FKF funds.
Following the new development, Nyamu allowed the state request to close the miscellaneous file.
"I therefore order this matter closed as prayed by the DPP," Wandia said.
Mwendwa's lawyers led by former Law Society of Kenya presidents Eric Mutua and Professor Tom Ojienda, current LSK President Nelson Havi and veteran lawyer John Khaminwa did not oppose the request by the DPP to close the investigations file for the time being.
Wandia directed that the Sh4 million cash bail deposited in court be refunded to Mwendwa forthwith.
Mwendwa was arrested and detained at DCI over corruption allegations and fraudulent acquisition of public funds.
This was after the Sports Cabinet Secretary for Sports in Kenya Amina Mohamed received a report on an audit she had ordered to be conducted on the federation last month. She then disbanded the federation, before Mwendwa was arrested.
FKF CEO Barry Otieno sent a statement after the outcome.
"The FKF President is grateful for the due process and will continue to work towards ensuring that football in Kenya returns to normalcy," said Otieno.