Former Football Kenya Federation (FKF) president Nick Mwendwa arrested again

Former Football Kenya Federation (FKF) President Nick Mwendwa has been arrested again

Mwendwa was re-arrested just hours after the Office of the Director of Public Prosecutions (ODPP) dropped corruption charges he was facing.

The circumstances leading to the latest arrest are not clear although he is expected to be arraigned before the Kiambu Law Courts on Thursday.

The DPP withdrew the case against Mwendwa after a request for adjournment of the case on grounds of not having witnesses was denied by the court forcing dropping of the charges in accordance with Section 87 of the Penal Code.

Ex FKF president Nick Mwendwa AFP

Section 87 of the criminal procedure code (cap 75 Laws of Kenya) provides that any public prosecutor may, with the consent of the court, or on the instructions of the Attorney General, at any time before judgment is pronounced, withdraw from the prosecution of any person.

The law provides two conditions for any such withdrawal as:-

It is made before the accused person is called upon to make his defence, he shall be discharged but such discharge of an accused shall not operate as a bar to subsequent proceedings against him on account of the same facts; or
It is made after the accused person is called upon to make his defence, he shall be acquitted.

From left to right; former FKF CEO Barry Otieno and FKF President Nick Mwendwa Pulse Live Kenya

Misappropriation of funds at FKF

Mwendwa was arrested on November 12, 2021, over claims of misappropriation of funds meant for the national football teams.

He would be released two days later on Sh4 million cash bail or Sh7 million bond with two sureties. The court had not ruled on a request by the prosecution to detain him for 14 days.

On November 26, he was arrested again and transported to the Directorate of Criminal Investigations (DCI) headquarters along Kiambu Road.

At the time, state prosecutor, Everlyn Onunga told the court that Mwendwa was being probed by the DCI for the fraudulent acquisition of public property.