DPP Haji has a month to supply evidence in case against Mwendwa

Nick Mwendwa

FKF president Nick Mwendwa (right) consults with his lawyers Erick Mutua (centre) and Victor Omwebu at the Milimani Courts on November 30, 2021.

Photo credit: R

What you need to know:

  • Ms Nyuttu allowed Mwendwa to move the court when he is ready.
  • Mwendwa was charged on November 30 with four counts of corruption.

The Anti-Corruption Court has given  Director of Public Prosecutions (DPP) Noordin Haji one month to supply evidence in a Sh38 million graft case against embattled Football Kenya Federation (FKF) President Nick Mwendwa.

Anti- Corruption Court Senior Principal Magistrate Eunice Nyuttu gave the DPP the 30-day window after a request by State Prosecutor Everlyne Onunga.

Ms Onunga confessed before Ms Nyuttu that the DPP’s office has not furnished Mwendwa with all the evidence.

“I urge this court to indulge the DPP for one month to pass over the evidence to Mwendwa to enable him prepare his defence,” Ms Onunga.

The prosecutor said only a small portion of the evidence has been supplied to Mwendwa.

Defence lawyers Charles Njenga, Victor Omwemba and Silvia Matasi informed the magistrate that they were furnished with part of the evidence intended to be tabled in Mwendwa’s graft case while in court.

“Your honour, we have only received while in court a small portion of the evidence intended to be tendered in the case while in court,” Njenga told the magistrate.

The lawyer urged the court to intervene and directed the DPP to hand over all the evidence intended to be called in the case to Mwendwa to enable him prepare his defence adequately. Njenga said it is after getting all the testimony that they will be able to get proper instructions from Mwendwa about the allegations to enable them  prepare his defence.

In her brief ruling, Ms Nyuttu allowed the request by the DPP for a 30-day window,  and directed the case to be mentioned on January 24, 2022.

“I allow the request by the DPP and fix this case to be mentioned on January 24,2022,” Ms Nyuttu ordered. Mwendwa also urged the court to allow him to substitute the Sh10 million cash bail with a Sh15 million surety.

Njenga informed the court the cash bail money was deposited by person who acquired it from a micro-finance institution and wants to use it in paying schools fee in January 2022. He also sought clarification on whether or not the surety bond was for two sureties of Sh15 million each.

Ms Nyuttu clarified that the terms she had imposed was for two sureties of Sh15 million each.

The magistrate declined to vary Mwendwa’s bail terms to that of a Sh15 million surety, but maintained that they must be two sureties. She allowed Mwendwa to avail two sureties of Sh15m each.

Ms Onunga told the court she was not opposed to the bail variation but said the investigating officer will need three days to verify the sureties.

Ms Nyuttu allowed Mwendwa to move the court when he is ready.

Mwendwa was charged on November 30 with four counts of corruption.

Sports Cabinet Secretary Amina Mohamed disbanded FKF on November 11 and constituted a caretaker committee to run football in the country for not more than six months following recommendations of a probe team that investigated the federation.

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