Update:
The Office of the Director of Public Prosecutions (ODPP) now says that the misappropriation of funds case against former Football Kenya Federation (FKF) president, Nick Mwendwa, was withdrawn but he was not acquitted.
In a statement dated Thursday, July 7, ODPP further noted that it had reviewed the evidence against Mwendwa and applied for summons.
“The ODPP would like to clarify that the case against the former President of the Football
Kenya Federation (FKF) Nicholas Mwendwa Kithuku on misappropriation of funds
amounting to Ksh38,002,709 was withdrawn and that he was not acquitted,” read the ODPP statement in part.
“In line with Article 50 of the Constitution on fair hearing which mandates the prosecution disclose all material/evidence that comes within its possession to the accused person and in the interest of the administration of justice, the matter was withdrawn to enable the prosecution review the additional evidence and fulfill its Constitutional duty of Disclosure.”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 ODPP noted that it had, however, reviewed the additional evidence and was ready to charge Mwendwa afresh.
Mwendwa is expected to take a plea on Monday, July 11.
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Former Football Kenya Federation (FKF) president, Nick Mwendwa, has been arrested.
Mwendwa was arrested on Thursday, July 7, just a day after the Office of the Director of Public Prosecutions (ODPP) dropped a graft case against him.
However, TeamKenya.co.ke was unable to verify the circumstances under which Mwendwa was arrested.
Also Read: Nick Mwendwa Case Withdrawn
Reports indicated that he was taken to the Directorate of Criminal Investigations (DCI) headquarters along Kiambu Road for interrogation.
When dropping the charges on Wednesday, July 6, ODPP stated that it was exploring possibilities of leveling different charges against him.
Reports further indicated that he will be presented at the Kiambu Law Courts to face the fresh charges.
When dropping the charges on Wednesday, July 6, ODPP stated that it was exploring possibilities of leveling different charges against him.
Milimani Anti-corruption Chief Magistrate Eunice Nyuttu set Mwendwa free, citing a lack of sufficient evidence.
She further declined to adjourn the matters further.
"I hereby discharge Nick Mwendwa under section 87(a) of the Criminal Procedure Code (CPC) for failure by the DPP to avail evidence before this court," the magistrate ruled.
Nyuttu argued that the DPP abused the court process by charging and presenting Mwendwa without evidence.
The former FKF boss was accused of embezzling Ksh38 million with his proxies.
His first arrest led to the disbandment of the Football Kenya Federation, with Sports CS Amina Mohamed arguing that she was restructuring the federation.
Amina appointed a caretaker committee which FIFA declined to recognize hence banning Kenya from participating in international football.
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