DPP threatens to charge Nick Mwendwa over Fifa letter

The Office of the Director of Public Prosecution (ODPP) Friday said it will cite the embattled Football Kenya Federation (FKF) president Nick Mwendwa for contempt of court.

This is after Mwendwa in a letter dated September 8, 2022 told Fifa President Gianni Infantino that he is back in office after the DPP dropped all corruption charges that it had pressed against him.

Seasoned Football administrator Twaha Mbarak also criticised Mwendwa for contempt of court.

“We shall cite him for contempt. He (Mwendwa) is misreporting facts which is absolutely wrong. He is aware that the matter is still active in court,” said Senior Assistant DPP Joseph Riungu.

Mbarak said: “Nick Mwendwa’s utterances show that he is in contempt of court. He went to court to stop his prosecution and thus cannot now say that he is innocent. Besides, FKF stands dissolved by the government. The entity as it is was not fully registered as per the law.”

“We have hope the new administration led by President-elect William Ruto will fight corruption and wants to work with people who want to improve the game,” added Mbarak.

CS Sports Amina Mohamed had on November 11, 2021 disbanded FKF after an audit she ordered on the federation's account revealed misappropriation of funds.

She replaced it with the FKF Caretaker Committee and then FKF Transition Committee.

Lady Justice Esther Maina is on September 21 expected to make a ruling on a petition filed by Mwendwa on whether the DPP can press fresh fraud charges against him at Kiambu Law Courts. Mlimani Anti-corruption Chief Magistrate Eunice Nyuttu had on July 6 discharged Mwendwa from prosecution in accordance with Section 87 of the Penal Code.

This is after the DPP made another application to adjourn the case in which Mwendwa and others who were not before court were accused of conspiring to defraud FKF Sh 29,502,709 between April 16 and May 31, 2021.

He was also accused of acquiring public property worth Sh2.5 million on May 15, 2021. The embattled FKF boss was further accused of fraudulent acquisition of property amounting to Sh5 million and another Sh1 million on March 4 and May 6 last year.

A day after Chief Magistrate Nyuttu discharged Mwendwa, the ODPP said he will be charged afresh at Kiambu Law Court following the discovery of additional evidence.

In the petition before the High Court, Mwendwa through his lawyers Eric Mutua and Charles Njenga argued that the fresh charges drawn by the DPP under the Penal Code as opposed to those initially filed against him under the Economics and Crimes Act are malicious and in bad faith.

Consequently, the High Court on July 21 temporarily stopped the DPP from filing fresh charges against him until the petition is determined.

Riungu said the ruling by the High Court on September 21 will determine the course the case will take.

“We will inform the lower court (Kiambu Law Courts) of the High Court’s ruling on the matter. If it rules that we can press the fresh charges, we will proceed and do so at the Kiambu Law Courts,” he said.

In his letter to Infantino, Mwendwa further stated that the federation has made significant progress towards complying with the Fifa directive of February 24 that demanded that the state allow them to resume their duties of running the sport in the country.

Mwendwa added that “a meeting is scheduled with the newly elected Kenyan government to actualise the lifting of the Fifa suspension and Kenya’s return to international football.”

Fifa suspended Kenya from all its activities on February 24, 2022 over government interference.