Re-arrested Nick Mwendwa faces Sh39m fraud charge
Embattled former Football Kenya Federation (FKF) president Nick Mwendwa will be charged afresh with misappropriation of Sh38 million a day after the prosecution withdrew his case.
In a statement to the press, the Office of the Director of Public Prosecutions (ODPP) through Senior Counsel Joseph Riungu said Mwendwa will be charged afresh on July 11 after the discovery of additional evidence.
The new development comes after Mwendwa was re-arrested along Kiambu Road on his way from Runda to the City Centre.
Mwendwa’s car was blocked by two police vehicles, according to his lawyer, former Law Society of Kenya (LSK) president Dr. Eric Mutua.
Office of the Director of Public Prosecutions (ODPP) on Thursday clarified that contrary to media reports, the case involving misappropriation of funds amounting to Sh38 million was withdrawn and that he was not acquitted.
The case was withdrawn on July 6 by presiding Magistrate Eunice Nyuttu of the Milimani Anti-Corruption Court for want of prosecution.
“The ODPP would want to clarify that the case of former President of the FKF Nick Mwendwa Kithuku on misappropriation of funds was withdrawn and that he was not acquitted,” ODPP said.
Could not proceed
According to DPP, the case was expected to commence on Wednesday but the prosecution could not proceed with the hearing following a discovery of additional evidence availed by the Directorate of Criminal Investigations (DCI).
“In the interest of the administration of justice, the matter was withdrawn to enable the prosecution review the additional evidence and fulfill its constitutional duty of disclosure,” the DPP said.
Article 50 of the Constitution on fair hearing mandates the prosecution to disclose all material and evidence that comes within its possession to the accused person.
DPP Noordin Haji said his office had since reviewed the additional evidence and applied for summons against Mwendwa. He is expected to take plea next Monday with a charge of conspiracy to defraud the federation of Sh38 million.
“The ODPP is cognizant that this is a matter of great public interest and is keen to ensure that the case is prosecuted in adherence with the law and justice is served,” the ODPP said.
After his arrest from his Kiambu Road home, Mwendwa was taken to the DCI headquarters for processing.
His lawyers led by Mutua says that they are unable to reach their client and don’t know where the police took him after arresting him.
After several adjournments since December last year, the matter was scheduled for hearing on Tuesday.
The ousted FKF boss was first arrested on November 12, 2021 and was arraigned three days later before Milimani Senior Principal Magistrate Wandia Nyamu.
The State asked to detain him for 21 days, pending investigations. He was later released on a Sh4 million bond.