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Stephen arap Soi at the Milimani Courts in Nairobi on September 15, 2021.
A senior police officer investigating the 2016 Rio Olympics Games scandal left a Nairobi court stunned after presenting as evidence assorted games kits that were later revealed to have no connection to the Rio Games.
Inspector Munene Mugambi, who took the witness stand in the ongoing trial against former National Olympic Committee of Kenya (NOCK) officials, including Chef de Mission Stephen arap Soi, Ben Ekumbo, and F.K. Paul, submitted kits allegedly stolen from the Rio Olympics kitty.
However, it was soon established that the kits were actually from different international events held years before Rio.
To the surprise of trial magistrate Lucas Onyina and the accused, Inspector Munene Mugambi presented as exhibits sports kits used during the 2010 Commonwealth Games in New Delhi, the 2011 All Africa Games in Maputo, and the African Swimming Championships in Nairobi.
“The games kits presented as evidence before this court were for other games held in cities wide apart—New Delhi, Maputo, and Nairobi between 2010 and 2012,” said defence lawyers Julius Kitheka, Edward Rombo, and Kimutai Bosek.
The defence team informed Magistrate Onyina that the kits had nothing to do with the 2016 Rio Olympics. The misstep prompted lawyer Kitheka to ask Inspector Mugambi directly:
“Does it not surprise you that the games kit you are presenting as evidence against the top officials of the National Olympic Committee of Kenya (NOCK) were for different games?”
Mugambi admitted the error, stating that his investigation focused on alleged financial misappropriation for the period between 2013–2016. He further explained that he recovered the kits from the Westlands residence of Ben Ekumbo, the then Chairman of the Kenya Swimming Federation (KSF).
The officer struggled to define the term “fiasco” when cross-examined by Bosek for Soi. Prosecutors Joyce Olajo and Irene Magolo led Mugambi in presenting his testimony, which included the recovery of swimming gear allegedly linked to the Rio Olympics.
Kitheka, however, countered this narrative by clarifying that the kits belonged to earlier games and were often stored by federation chairmen due to the absence of proper storage facilities.
“Are you aware that Ekumbo, who is over 70 years old, has no small girls who could wear or use the swimming gear recovered from his house?” asked Kitheka.
Mugambi replied in the negative.
Kitheka emphasised that Ekumbo, as head of KSF, was entitled to keep training gear for use by upcoming swimmers.
He added that the police officer had failed to investigate whether sports federations had access to warehouses or godowns for storing leftover kits from international competitions.
“In your investigations, did you establish that the balance of the games kits are usually kept by the top officials in their houses since there are no go-downs to store them for use during practice by upcoming swimmers?” Kitheka asked.
“I did not investigate that. I was investigating embezzlement of the funds released for sportsmen, sportswomen, and officials who were accompanying the sportspersons,” Mugambi replied.
He also acknowledged that there had been no complaint from either the Kenya Swimming Federation or the athletes who participated in Rio about missing kits.
“The swimmers got their swimming gear from the Olympic Village in Rio,” Kitheka told the court, adding that the athletes trained in the United States before heading to Brazil.
The accused—Soi, Ekubo, and F.K. Paul—face charges related to the alleged embezzlement of funds meant for athletes and officials during the 2016 Rio Olympics. All three have denied the charges and are out on bond.
Last week, Athletics Kenya (AK) President Jackson Tuwei defended Soi, saying the 2016 Rio Olympics team made history by winning 14 medals, and that Soi “committed no wrong in paying out allowances.”
The hearing will resume on September 2, 2025.
