Mwendwa withdraws case challenging his prosecution

Embattled Football Kenya Federation (FKF) president, Nick Mwendwa has withdrawn a case challenging the Director of Public Prosecution’s (DPP) move to charge him with theft of Sh8.5 million.

In a notice filed at the High Court in Kiambu by his lawyer Eric Mutua yesterday, Mwendwa withdrew the entire petition challenging the move by DPP Noordin Haji to charge him afresh after he was discharged by the Anti-Corruption Court (ACC) in July 2022.

The notice presented to Kiambu High Court reads: “Take Notice the petitioner has hereby wholly withdrawn the petition in this matter. The same can be marked withdrawn with no orders as to costs.”

DPP Haji, Director of Criminal Investigations (DCI) Amin Mohammed, Inspector General of Police Japheth Koome, and Attorney General Justin Muturi have been served with the withdrawal notice.

Mutua filed the withdrawal notice when the case came up for hearing before Lady Justice Mary Kasango at the Kiambu Law Courts.

The case did not however proceed since Justice Kasango is away on leave.
She will resume duty on February 9 next year.

Following the withdrawal of the petition, Kiambu Senior Resident Magistrate Wilson Rading is expected to deliver a ruling he had reserved as to whether Mwendwa can be called upon to answer to fresh theft and fraud cases filed against him by the DPP in July this year.

Justice Kasango posted a notice requiring all cases listed before her be mentioned for directions on February 9 next year when she resumes duty.

Defence lawyers Charles Njenga, Mutua and Victor Omwebu - who had arrived for the hearing - had to go back to their chambers as the judge was away.

“We were ready to argue our case that Mwendwa should not be prosecuted given the hurried manner in which the investigations into the loss of FKF funds were conducted by the DCI,” Njenga told Nation Sport.

Mwendwa will stay out of active football management until the case is heard and determined.

Last month, Justice Kasango suspended Mwendwa’s trial saying it would be prejudicial to try the football boss when there is a pending matter before her.

Following the order by Justice Kasango, Rading adjourned the case indefinitely.

Mwendwa is yet to answer to charges of theft of Sh8.5million and conspiracy to defraud FKF of Sh29.5million.

“The seat of justice is a hallowed place and ought to be reserved for the administration of justice. It is against public interest to lose such precious judicial time especially in situation similar to the one faced by court,” Rading said when he stopped from hearing the case.

The magistrate went on to rule: “In view of the above and considering this court is bound by the decision of the superior court, this court takes exceptional circumstances and defers its ruling pending determination of the petition in the High Court.”

Mwendwa's lawyers had urged Rading to bar DPP from prosecuting the FKF boss afresh saying it would be an affront to his constitutional and fundamental rights.

Mutua argued Mwendwa had been discharged by the Anti-Corruption Court following failure by the DPP to avail evidence.

Chief Magistrate Eunice Nyuttu discharged Mwendwa on July 6 under Section 87(a) of the Criminal Procedure Code (CPC).

Mwendwa was simultaneously served with summons to appear before the Kiambu court to answer to fresh charges.