FKF president Nick Mwendwa declines to take plea

Embattled Football Kenya Federation (FKF) president Nick Mwendwa Monday opposed taking a plea to fraud charges, saying his rights have been violated by the police and Director of Public Prosecution (DPP).

Mwendwa appeared at the Anti-Corruption court in Milimani having spent the weekend behind bars. He is facing four counts of fraudulent acquisition of public property.

Milimani senior principal magistrate Eunice Nyutu directed that he be detained until Tuesday 2:30pm awaiting her ruling on whether to admit the charge sheet or not.

The police through the DPP have filed three charges of acquisition of public property and one charge of conspiracy to defraud FKF of over Sh29.5million.

Mwendwa's defence team of nine lawyers, led by former Law Society of Kenya president Eric Mutua, opposed the football boss being asked to plead to the charges, arguing “they are a product of flawed investigations.”

Mutua called on the court to reject the graft charges, saying they were generated from an inspection report on the management of FKF.

“The charges filed against Mwendwa emanate from an inspection report of a committee appointed by Sports Registrar to probe FKF funds management,” Mutua stated.

He added that the report was passed to DCI officers before officials of FKF could give their comments about it.

“The DPP cannot rely on this irregularly obtained report to frame charges against Mwendwa. His comments were never solicited about the report before it was passed on to the DCI for action,” Mutua stated.

He said the defence lawyers got the report from the media since the committee did not give a copy to FKF officials to react to it.

“May be the DPP has had the advantage of perusing the inspection report. Mwendwa and the top officials of FKF never saw it,” Mutua charged.

He added that the report does not meet the legal threshold and parameter set by world football body Fifa.

Mutua said the rights of Mwendwa as enshrined under Articles 47 and 50 of the Constitution on fair administration of justice and fair trial were violated by the investigation wing of the government.

Mutua described to the magistrate how Mwendwa was arrested on November 12, then dashed to court with no holding charge.

Mwendwa was freed on a Sh4million cash bail with the DPP being given seven days to file charges against him or close the miscellaneous file in which police sought 14 days to probe the matter.

On November 25, Mwendwa was freed after the DPP closed the miscellaneous file.

“Mwendwa was arrested the following day then detained at DCI offices and later moved to Gigiri Police Station,” Mutua added.

The defence team asked the magistrate to exercise her discretion and rule that the charges were born from an irregular procedure and thus free Mwendwa.

They argued that FKF's move to challenge Sports CS Amina Mohamed's disbandment of FKF and formation a caretaker committee has sparked Mwendwa's criminal prosecution.

But state prosecutor Everlyne Onunga asked the court to reject the application by Mwendwa saying,“ the charges before court are proper and legal.”

Onunga said Mwendwa is not charged under rules governing football, but under the economics and crimes rules.

She said the DPP has not seen the inspection report on the management of the FKF funds, which receives finances from the exchequer and Fifa.

Ms Onunga said the DPP acted within the confines of Article 157 of the Constitution in filing the charges against Mwendwa.

Ms Onunga asked the magistrate to decline the objection then call upon Mwendwa to answer the charges.

In the charges drawn against Mwendwa by police, he is accused of irregularly acquiring public property to wit Sh2.5m on May 15 2021 at an unknown place within Kenya the property of FKF.

The second and third charges say he received Sh5m and Sh1m on March 4 and May 6 2021 respectively.

The last count, which Mwendwa opposed to answer, is that he conspired to defraud FKF Sh29,502,709 between April 16 and May 31.2021.

The charges were not read to him.

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