DPP presents evidence in Nick Mwendwa theft case

The director of public prosecutions (DPP) Noordin Haji has asked a Kiambu Court to allow him to prosecute the embattled Federation of Kenya Football (FKF) President Nick Mwendwa over theft of Sh8.5million and conspiracy to defraud the football body Sh29.5million.

While presenting evidence in support of the fresh case filed against Mwendwa, the DPP through Kiambu County prosecutor Everlyn Onunga, said he has enough evidence to support and prove the theft charges against the football boss.

In the first theft charge, Mwendwa is alleged to have stolen Sh2,500,000 on May 15 last year belonging to the federation.

The second charge states, on March 4, last year Mwendwa stole Sh5million.

The third indictment is that of stealing Sh1million on May 6, last year and the fourth one, conspiring to defraud FKF Sh29,502,709 jointly with others not before the court.

Onunga told Kiambu senior resident magistrate Wilson Rading that the decision to charge Mwendwa was “informed by the sufficiency of evidence or record and the public interest and not any other consideration.”

Onunga appearing alongside Terry Kehoro presented to the court and to Mwendwa lawyers Eric Mutua, Charles Njenga and Victor Omwebu, 71 documents in support of the four charges.

The documentary evidence includes bank transactions from Kenya Commercial Bank (KCB), NCBA, NIC Bank including the approved budget for FKF for three years.

“FKF approved budgets for the years 2018, 2019 and 2020 was Sh797,259,232, Sh1,241,991,520 and Sh1,004,565,145 respectively,” the inspection report of the FKF committee appointed by outgoing Sports CS Amina Mohammed shows.

Onunga urged Rading to dismiss the application by Mwendwa seeking to block the DPP from prosecuting him saying it has not met the threshold.
DNation bodytext: Onunga told the court that Anti-Corruption High Court Judge Esther Maina declined to restrain the Kiambu trial.

“The DPP prays this matter proceeds for plea taking before the trial court which is well equipped to deal with the quality and sufficiency of evidence gathered in support of the charges preferred against Mwendwa,” Onunga prayed.

The DPP has denied averments by Mwendwa that the decision to charge him amounts to using the criminal process to intimidate him stating the allegations are “unfounded and without any legal backing.”

The DPP asserts that his prosecutorial powers are hinged on the constitution and does not require consent or authority from any person or authority while authorizing prosecution of anybody.

Mwendwa claims the decision by the DPP to commence a fresh theft case is an affront to his constitutional rights since he had been discharged by the Anti-Corruption Court chief magistrate Eunice Nyuttu on July 6.

Onunga asked Rading to take judicial notice Mwendwa has since been ordered to answer charges by another Kiambu magistrate Kibet Sambu.

Rading will decide whether Mwendwa will be charge or not on November 2.

FKF was disbanded by the Sports Ministry on November 11 over corruption and governance issues.