What you need to know:
- The Office of the Directorate of Public Prosecutions (ODPP) on Thursday confirmed this stance and attributed it to new evidence gathered against the former football boss
- Senior Assistant Directorate of Public Prosecutions (ODPP) Joseph Riungu said Mwendwa, who stepped down from the role as FKF president in November 2021, will take plea on Monday
- The arrest of Mwendwa may experience some hiccups due to the tag of war between the office of the DPP and that of the DCI over the drafting and signing of charges against suspects
The freedom of embattled Football Kenya Federation (FKF) president Nick Mwendwa is short-lived as he is required to answer fresh charges at Kiambu Law Court.
Mwendwa, who is being sought by officers from the Directorate of Criminal Investigations (DCI), is scheduled to appear before the Anti-corruption Court in the Kiambu County Court.
“I am in constant touch with the ODPP office at Kiambu Law Courts over the new twist of events,” Mwendwa’s lawyer Erick Mutua told Nation Sport in an interview.
Mutua said DCI officers are still looking for Mwendwa. By 4pm when the former Law Society of Kenya (LSK) President spoke to the Nation, Mwendwa had not been arrested.
The ODPP Kiambu County office confirmed the fresh charge sheet was yet to be received for registration in court.
The Office of the Directorate of Public Prosecutions (ODPP) on Thursday confirmed this stance and attributed it to new evidence gathered against the troubled football boss.
Senior Assistant Directorate of Public Prosecutions (ODPP) Joseph Riungu said Mwendwa, who stepped down from the role as FKF president in November last year, will take plea on Monday.
Riungu clarified that the prosecution did not proceed with the presentation of charges against Mwendwa after the decision to add the charges was reached.
"The prosecution has since reviewed the additional evidence and applied for a summon against President of FKF Nick Mwendwa. He is expected to take a plea on Monday, July 11, 2022," said Riungu.
The prosecution insists that the matter is of public interest and will ensure the case is prosecuted in adherence with the law and justice served.
Mwendwa was freed on Wednesday in a Sh38 million corruption case after the prosecution failed to present evidence in the matter.
Milimani Anti-corruption chief Magistrate Eunice Nyutu discharged Mwendwa under Section 87 (a) of the Criminal Procedure Code for want of prosecution.
Under this section 87 ( a) of the CPC, a suspect may be arrested and charged afresh once evidence is received. It is usually meant to benefit the prosecution in the event it discovers loopholes in its investigation diary.
The magistrate had been told early this year that Sports Cabinet Secretary Amina Mohammed and senior KCB Bank managers had declined summons to appear before DCI officers to record statements and hand over exhibits for onward transmission to both prosecution and defence counsel to prepare Mwendwa's statement of defence.
Nyutu declined concerted effort by the DPP to have the matter adjourned up to October 2022 to enable the ODPP review the file.
Defence lawyers Mutua teaming up with Charles Njenga opposed the request wondering what review of the investigation diary shall take four months.
Initially Mwendwa was being prosecuted by Ms Everlyne Onunga who has since been promoted and posted to head Kiambu County.
The arrest of Mwendwa may experience some hiccups due to the tag of war between the office of the DPP and that of the DCI over the drafting and signing of charges against suspects.
Mwendwa had been out on a cash bail of Sh10million.
He had been charged that between April 16 and May 31,2021 at unknown place within the republic of Kenya Mwendwa jointly with others not before court conspired to commit an economic an offence of corruption namely to defraud Football Kenya Federation (FKF) Sh 29,502,709.
He is further accused that on May 15, 2021 at an unknown place within the republic of Kenya jointly with others not before court he fraudulently acquired public property worth Sh2.5 million belonging to Football Kenya Federation (FKF).
Mwendwa is 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 Sports Cabinet Secretary Amina Mohamed had 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.