Reprieve for Nick Mwendwa as Court Rules in Ksh 38M Theft Case
Kiambu Senior Principal Magistrate Wilson on Wednesday, March 29 quashed corruption charges against Football Kenya Federation (FKF) President Nick Mwendwa.
While delivering the judgment, Magistrate Wilson Rading explained that the charges against Mwendwa were indefensible and unconscionable.
The Magistrate noted that evidence adduced by the Office of the Director of Public Prosecutions (ODPP) in the Ksh38 million fraud case was not enough to implicate the embattled FKF boss.
“This honorable court hereby issues orders to the effect that the charge sheet dated July 7, 2022 and/or any other charge sheet prepared and registered in this court by the DPP and/or his prosecutor(s) against the accused person after July 6, 2022 be and is hereby struck out for being defective, unlawful, unconstitutional and for being an abuse of the court process/criminal justice system,” the Magistrate ruled.
A collage of former Sports CS Amina Mohammed and FKF President Nick Mwendwa
During the hearing, Rading made crucial observations and stated that the charges were unfounded and unconstitutional.
He explained that Mwendwa was charged based on an investigation that was done by former Sports Cabinet Secretary Amina Mohammed.
The Magistrate further stated that the evidence collected by the former CS was technically inconclusive and lacked basic merit.
The Magistrate also directed that Mwendwa could not be charged again based on the evidence noting that it was unprocedurally collected by government officials.
“This honourable court orders that no other charges and/or any other criminal process premised upon the preliminary report of Football Kenya Federation (FKF) Inspection Committee dated November 5, 2021 including summoning of the accused person to take a plea on any charge shall be registered in it,” the Magistrate ruled.
Rading agreed with Mwendawa’s lawyers, Eric Mutua, Charles Njenga and Victor Omwebu who asked the court to terminate the criminal case permanently.
“After considering the evidence presented by senior counsel Mutua, Njenga and Omwebu, l find that they made a case to warrant this court’s intervention to protect the abuse of the court process,” ruled Magistrate Wilson.
The acquittal meant that Mwenda was free to resume his office as the substantive president of Football Kenya Federation (FKF).
Football Kenya Federation (FKF) President Nick Mwendwa addressing the media on July 16, 2020.
criminal abuse corruption