High Court stops fresh charges against Nick Mwendwa
Former Football Kenya Federation President Nick Mwendwa (left) attends the Football Kenya Federation Premier League match between Kariobangi Sharks and Kenya Police at Kasarani Annex on December 8, 2021.
What you need to know:
- The temporary reprieve granted to Mwendwa before 5pm stayed the move to charge Mwendwa before the Kiambu Law Courts on Friday
- Lady Justice Esther Maina granted the orders following an application by lawyers Eric Mutua and Charles Njenga that the rights of Mwendwa are being infringed by the DPP.
- Mwendwa was accused of conspiring jointly with others not before court to commit an economic offence of corruption
The circus over the prosecution of embattled Football Kenya Federation (FKF) President Nick Mwendwa has continued after the High Court Thursday temporarily stopped the Director of Public Prosecutions (DPP) from filing fresh charges against him.
Lady Justice Esther Maina temporarily stopped the DPP from commencing any fresh charges against Mwendwa at the Kiambu Law Courts on Friday pending the determination of a petition he (Mwendwa) has filed at the High Court.
The temporary reprieve granted to Mwendwa before 5pm stayed the move to charge Mwendwa before the Kiambu Law Courts on Friday.
Lady Justice Esther Maina suspended fresh charges intended to be read to Mwendwa nine days after his discharge by Milimani law courts Anti-corruption Chief Magistrate Esther Nyuttu under Section 87 (a) of the Criminal Procedure Code (CPC).
Justice Maina granted the orders following an application by lawyers Eric Mutua and Charles Njenga that the rights of Mwendwa are being infringed by the DPP.
Justice Maina granted the interim interlocutory injunction staying any criminal proceedings at the Kiambu Law Courts or any other court within the Country in respect of the Preliminary Report of Football Kenya Federation (FKF) Inspection Committee dated November 5, 2021.
The judge said the fresh charges were further beckoned by a Press Statement issued by the Cabinet Secretary Sports Amina Mohammed dated November 11,2021 on the status of FKF.
Further the judge suspended any charges that may have been drawn by the DPP vide Gazette Notice No.12374 dated November 12,2021.
The move to charge afresh has been suspended pending the hearing and determination of the case filed by Mutua and Njenga.
Mwendwa had been ordered by Sambu to appear before Kiambu Law Courts on Friday to answer fresh fraud charges failure to which he will be jailed for six months for contempt.
The order requiring Mwendwa to appear in court was granted by Sambu on July 7,2022.
In a penal notice, Sambu warned Mwendwa that should he fail to attend court on Friday it will be deemed that he has defied the order and therefore liable to a prison term not exceeding six months.
In the Penal Notice, Sambu directed: “That if any party served with this order does not comply or adheres to it he/she shall be liable to imprisonment by the Court for a period not exceeding 6 (six) months.”
The application for the fresh summons for Mwendwa to attend court for fresh plea taking was presented before Sambu by an Assistant Director of Public Prosecutions (ADPP) Joseph Riungu Gitonga.
“Upon hearing State Counsel in the absence of the accused person (Mwendwa) I hereby issue summons requiring him to attend court for plea taking on November 11,2022,” ordered Sambu.
Sambu directed the Investigating Officer of the case to serve Mwendwa with the fresh summons to attend court for plea taking.
The office of the DPP through Gitonga on July 7, 2022 filed a miscellaneous application for summons to be issued against Mwendwa after his discharge on July 6, 2022 by Nyuttu.
Gitonga said there is fresh evidence based on which Mwendwa is being charged afresh.
Nyuttu discharged Mwendwa under Section 87(a) of the Criminal Procedure Code(CPC) on application by the DPP for failure to avail evidence against the former FKF president.
Mutua and Njenga applied for Mwendwa’s acquittal under Section 202 of the CPC for want of prosecution.
Mutua told Nyuttu, Mwendwa was arrested and arraigned on November 14, 2021 and the prosecution has failed to produce evidence.
“It’s eight months now since Mwendwa was arrested and charged. Prosecution has failed to call evidence to acquit the accused under Section 202 of the CPC,” Mutua urged Nyuttu.
Mutua, a former President of the Law Society of Kenya (LSK) asked the court to take judicial notice that CS Sports Amina Mohammed and former Kenya Commercial (KCB) Managers (KCB) declined summons to record statements with the Directorate of Criminal Investigations.
Further Mutua said Mohammed appointed a caretaker committee led by Justice (retired) Aaron Ringera with a brother to the DPP, Hassan Haji being a member to oversee football activities in the country.
Mutua said there is conflict of interest in the prosecution of Mwendwa who was locked out of the management of FKF.
Mwendwa, who had been released on a cash bail of Sh10million had been accused of defrauding Football Kenya Federation (FKF) Sh29,502,709 between April 16 and May 31,2021 at unknown place within the republic of Kenya. Mwendwa was accused of conspiring jointly with others not before court to commit an economic offence of corruption.
He is further accused that on May 15, 2021 at unknown place within the republic of Kenya jointly with others not before court he fraudulently acquired public property worth Sh2.5 belonging to Football Kenya Federation (FKF).
Mwendwa was further accused of fraudulent acquisition of property amounting to Sh5 million and another Sh1 million on March 4 and May 6 this year respectively.
His exit from office came days after Mohamed disbanded FKF and placed a caretaker committee to be in charge of running football in the interim.
The decision earned Kenya a ban from international football by Fifa.
