What you need to know:
- Mwendwa says he resumed his duties following the withdrawal of corruption charges raised against him by the Director of Public Prosecution (DPP)
- The High Court is yet to make a ruling on whether the DPP can press fresh corruption charges on Mwendwa
- Lady Justice Esther Maina fixed September 21 as the day of ruling on whether the fresh charges filed against Mwendwa are legal and constitutional
Embattled Football Kenya Federation (FKF) president Nick Mwendwa has written to the World football governing body, Fifa stating that he is back in office.
In a letter dated September 8, 2022 and addressed to Fifa president Gianni Infantino, Mwendwa says he resumed his duties following the withdrawal of corruption charges raised against him by the Director of Public Prosecution (DPP).
However, the High Court is yet to make a ruling on whether the DPP can press fresh corruption charges on Mwendwa.
Lady Justice Esther Maina fixed September 21 as the day of ruling on whether the fresh charges filed against Mwendwa are legal and constitutional.
“Reference is made to my letter dated November 29,2021 with regard to the interim transfer of my powers and responsibilities as FKF President to the FKF Vice president.”
“In this regard, following the withdrawal of charges by the Director of Public Prosecution on July 8, 2022, I hereby wish to inform your good office that I have resumed my duties as the FKF president, with immediate effect, in accordance with Article 42 of the FKF constitution (2017),” said Mwendwa in the letter.
Together with other FKF National Executive Members, Mwendwa was hounded out of office on November 11, 2021 by Sports CS Amina Mohamed after an audit on the federation’s accounts revealed misuse of funds.
Having been charged in court with four counts of fraud, Mwendwa - in a November 29 letter addressed to FKF NEC - said he had transferred his functions to his deputy Doris Petra as he seeks to clear his name.
He was released on a Sh10 million cash bail and ordered to deposit his passport in court, not to access the FKF offices, as well as avoid giving media interviews in relation to the case.
The DPP had on July 6 dropped the charges against Mwendwa after the court insisted that the case proceeds despite the DPP’s request for another adjournment inorder to review the evidence.
A day later, the DPP said Mwendwa will be charged afresh following the discovery of additional evidence, a move the embattled football boss opposed.
He got a reprieve when the High Court temporarily stopped the DPP from filing fresh charges against him.
His lawyers Eric Mutua and Charles Njenga told the court 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.
Lady Justice Maina is expected to make a ruling on the matter on September 21.