Nairobi — Beleaguered former Football Kenya Federation boss Nick Mwendwa can breathe a sigh of relief after the Anti-Corruption Court sitting in Milimani, Nairobi, threw out a case against him.
Milimani Anti-corruption Chief Magistrate Eunice Nyuttu threw out the case, having given the Prosecution the last opportunity to present evidence in the case.
In her ruling, the Chief Magistrate said; “I hereby discharge Mwendwa under section 87(a) of the Criminal Procedure Code (CPC) for failure by the DPP to avail evidence before this court.”
According to the Daily Nation, Nyuttu put the Director of Public Prosecution on the spot for abusing the court process by arresting and producing Mwendwa in court without any evidence.
The court agreed with the defence lawyers Eric Mutua and Charles Njenga that the DPP is using the court as a holding ground while hunting for evidence.
Mwendwa had been out on a cash bail of Sh10 million bond.
According to the charge sheet, between April 16 and May 31, 2021, Mwendwa and others not before court conspired to defraud the Federation Sh29,502,709. He is further accused that on May 15, 2021, he fraudulently acquired public property worth Sh2.5mn.
Mwendwa is further accused of fraudulent acquisition of property amounting to Sh5mn and another Sh1mn on March 4 and May 6,
Mwendwa was hounded out of office last year after Sports Cabinet Secretary Amina Mohamed formed a caretaker committee to run football in the country.
The beleaguered football supremo hugely protested the decision to throw him out of office, leading to his arrest on charges of corruption. He was released, later re-arrested and then released on Sh1mn bond.
Football in the country has since been run by committees formed by CS Amina Mohamed. Currently, there is a ‘Transition Committee’ in place to run the game with their mandate set to expire next month.
The acts by CS Amina has led to Kenya’s suspension from all football activities since February this year. This suspension has seen the national men’s team Harambee Stars fail to play the 2023 Africa Cup of Nations qualifiers and have not been drawn for the Africa Nations Championship (CHAN) qualifiers.
The women’s team also failed to play their last qualification match for the Women’s Africa Cup of Nations which is currently ongoing in Morocco.
If the suspension by FIFA is not lifted, then Kenyan league champions Tusker FC and Vihiga Queens will not play continental football next season.
It is yet to be seen whether CS Amina will dialogue with the ousted Federation or not, now that the court has ended the prosecution of Mwendwa.
Mwendwa relinquished his duties to vice president Doris Petra after his tribulations started, but only the branches have been operational in running the lower tier leagues.