FKF president Mwendwa released on Sh15m bond
Embattled FKF President Nick Mwendwa at the Milimani Law Courts on November 30, 2021.
What you need to know:
- A day after failing to take a plea, Mwendwa denied the charges and was released on a bond of15 million or alternative cash bail of Sh10 million.
- The case will be mentioned on December 20 this year.
Embattled Football Kenya Federation (FKF) president Nick Mwendwa was Tuesday charged with four counts of fraud involving Sh38 million.
A day after failing to take a plea, Mwendwa denied the charges and was released on a cash bond of Sh15 million or alternative cash bail of Sh10 million.
Milimani senior principal magistrate Eunice Nyutu instructed Mwendwa to deposit his passport with the court.
Embattled FKF President Nick Mwendwa at the Milimani Law Courts on November 30, 2021.
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.
He has also been forbidden from accessing FKF offices at Kandanda House, publishing the matter in any media (sub judice) and contacting any witness directly or through proxies.
The case will be mentioned on December 20 this year. Police, through the Director of Public Prosecutions (DPP), have filed four charges against Mwendwa - three relating to acquisition of public property, and one of conspiracy to defraud FKF more than Sh29.5million.
Embattled FKF President Nick Mwendwa (centre) arrives at the Milimani Law Courts on November 30, 2021.
The magistrate thwarted Mwendwa’s concerted efforts to have the four charges rejected after he alleged police relied on an inspection report which had not been controverted by FKFs top officials as required under the Sports rules.
Nyutu ruled the objection by Mwendwa through his lawyers Eric Mutua, Charles Mwangi and Victor Omwebu, was unmerited since he did not apply the FKF rules in attacking the inspection.
Mutua had asked the court to reject the charges and free Mwendwa, saying he was arrested in a clandestine manner along Kiambu road by officers from the Directorate of criminal investigations (DCI).
Embattled FKF President Nick Mwendwa (centre) arrives at the Milimani Law Courts on November 30, 2021.
He had asked the court to stamp its authority and reject the charges saying they are borne from an irregular process sparked by the Sports Registrar Rose Wasike.
The defence team said police had violated Articles 47 and 50 of the Constitution which guarantees rights on fair administration of justice.
Mutua faulted the Registrar of abrogating the FKF rules which require her to place before the FKF top organ the inspection report for comment.
FKF president Nick Mwendwa (right) consults with his lawyers Erick Mutua (centre) and Victor Omwebu at the Milimani Courts on November 30, 2021.
However, Nyutu said no evidence was presented to her to enable her fault the actions of Wasike as she acted within her legal mandate.
“The FKF rules state the Registrar may ask the top officials to comment on an inspection report or not,” Nyutu ruled.
She therefore said the Registrar was not obligated to give Mwendwa and his FKF officials the inspection report to comment about it.
She also said Mwendwa has a forum of venting his grievances under the FKF rules.
“FKF has rules which have spelt a clear cut way of resolving internal disputes and dissatisfactions which may crop up from inspection reports over use of funds advanced to the sports body which manages football issues in the country,” ruled Ms Nyutu.
Embattled FKF President Nick Mwendwa at the Milimani Law Courts on November 30, 2021.
Ms Nyutu said the court lacks jurisdiction to determine questions arising from the probe of funds expenditure at FKF by Sports Registrar.
She ruled that the charges preferred against Mwendwa are under the Economic and Crimes Act, and not under the Sports rules.
“The charges against Mwendwa are properly before court and his objection to them lacks merit. It stands dismissed,” ruled Nyutu.
