Court stops charges against Nick Mwendwa for 30 days
Former Football Kenya Federation President Nick Mwendwa at the Milimani Law Courts on November 30, 2021 where he was charged with four counts of fraud.
What you need to know:
- This follows an order of the High Court issued on Thursday temporarily stopping the Director of Public Prosecutions (DPP) from filing fresh charges against Mwendwa
- Senior principal magistrate K Sambu ordered the case to be mentioned after 30 days (August 15,2022) to enable advocates Eric Mutua and Charles Njenga conclude the High Court case challenging the fresh trial of Mwendwa
- Sambu said, he would be in contempt of the High Court order if he proceeds to call upon the embattled football boss to answer any fresh charges
A magistrate has postponed for a month the preferring of new charges against former FKF president Nick Mwendwa.
This follows an order of the High Court issued on Thursday temporarily stopping the Director of Public Prosecutions (DPP) from filing fresh charges against Mwendwa.
Senior principal magistrate K Sambu ordered the case to be mentioned after 30 days (August 15,2022) to enable advocates Eric Mutua and Charles Njenga conclude the High Court case challenging the fresh trial of Mwendwa.
“I have been served with High Court suspending today's fresh proceedings against Mwendwa,” Sambu stated.
Sambu said, he would be in contempt of the High Court order if he proceeds to call upon the embattled football boss to answer any fresh charges.
Sambu had on July 7 ordered Mwendwa to appear before him today to plead to fresh charges.
Mwendwa moved hastily and filed a petition challenging the fresh trial saying his rights have been infringed given that the DPP had told anti-graft chief magistrate Esther Nyuttu he had no evidence to tender in court.
Nyuttu discharged Mwendwa on July 6 under Section 87 (a) of the Criminal Procedure Code (CPC).
Suspending the fresh bid to indict Mwendwa, Lady Justice Esther Maina said the former FKF chief has made out a case that his rights are likely to be prejudiced if he is charged anew.
Urging Justice Maina to suspend the Kiambu trial, Mutua said there is a conflict of interest since a brother of the DPP, Hassan Haji had been appointed as a member of the FKF Caretaker Committee after Mwendwa was kicked out by CS Sports Amina Mohammed.
The judge allowed Mutua’s plea and then suspended fresh charges being preferred against Mwendwa.
"The judge stopped any charges being preferred against Mwendwa stemming from the Report of Football Kenya Federation Inspection Committee dated November 5, 2021 and a Press Statement issued by the Cabinet Secretary Sports Amina Mohammed dated November 11, 2021 on the status of FKF.
Further, the judge suspended any charges that may be drawn by the DPP vide Gazette Notice No.12374 dated November 12,2021.
The decision led to disbandment of FKF and earned Kenya a ban from international football by Fifa.
