Nick Mwendwa fails to block his fresh prosecution
Embattled Football Kenya Federation (FKF) President Nick Mwendwa has lost in an attempt to block a fresh criminal prosecution case against him.
Justice Esther Maina of the high court anticorruption division has struck out Mwendwa’s application over lack of jurisdiction.
In a ruling delivered virtually the justice said she lacked jurisdiction to handle the matter as it was criminal in nature and her court was of anticorruption cant handle such a case.
The judge directed that the matter be transferred to Kiambu high court.
On November 11, 2021, CS Amina Mohamed forced Mwendwa and other FKF National Executive Members resign from their positions following an audit on the federation’s accounts that allegedly revealed financial mismanagement.
Mwendwa claimed in a letter dated November 29 and written to the FKF NEC that he had delegated his responsibilities to his deputy Petra in an effort to clear his name after being accused of four counts of fraud in court.
Prior to its transformation into the Transition Committee, Mohamed appointed the FKF Caretaker Committee for an initial six-month term. On August 16, Amina extended the Transition Committee’s duration by two months.
The Committee’s future is not yet known because FKF intends to run again.
Mwendwa was repeatedly detained and accused of fraud, but on July 6 the case was dropped in accordance with Section 87 of the Penal Code.
A day later, Mwendwa would be charged again at Kiambu Law Courts by the Director of Public Prosecutions, but the FKF boss would obtain a court order from the High Court prohibiting any further charges against him.
On September 9, Mwendwa wrote to Fifa President Gianni Infantino to let him know that he was prepared to resume his duties after taking a break to handle his issues.
The date for the decision regarding the legality and constitutionality of the new charges brought against Mwendwa has been set for September 21 by Lady Justice Esther Maina.