Football Kenya Federation (FKF) president Nick Mwendwa has received a major reprieve after Kiambu Law courts stopped the Director of Public Prosecutions (DPP) from charging him afresh over the alleged loss of Sh 38 million.
Kiambu Senior Resident Magistrate, Wilson Rading stopped the DPP from commencing any fresh charges against Mwendwa pending the determination of a petition he (Mwendwa) has filed at the High Court.
“The court is apprehensive that the decision of the High court may have a direct effect on the matter before it and in the interest of justice and in avoidance of two conflicting decisions, it is imperative that this court directs that the proceedings herein be stayed pending the decision of the High court in petition Number 16 of 2022,” ordered Rading.
Mwendwa through lawyers Eric Mutua and Charles Njenga had demanded that the fresh charges be quashed arguing that the DPP drew similar charges under the Penal Code as opposed to those initially filed against him under the Economics and Crimes Act, therefore, are smirks of malice and bad faith.
Lawyer Njenga argues that the DPP has changed its tactic and filed a fresh case under the Penal Code where they want the FKF boss charged with stealing instead of corruption charges.
Mutua told People Sport that the stay order meant that all the fresh charges against his client had been thwarted and that Mwendwa was now a free man and qualified to return to the federation’s headquarters, Kandanda House as the football president, a position he had relinquished as he stepped aside to allow investigations.
“The stay order by the courts today means that Mwendwa is now a free man and can go back to conduct all his duties as the president of FKF if he so wishes,” Mutua said.
He added: “The attempt by DPP to charge Mwendwa afresh in a different court is an abuse of prosecution powers intended to keep him out of football management for ulterior motives of Haji and the Sports Ministry.”
Njenga claims that the law permits cases to be tried by courts within the jurisdiction where the alleged offence was committed.
