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Nick Mwendwa scot free as case dropped

The prosecution claims they lacked witnesses

[FILE] Nick Mwendwa in November 2021 after he was released on bond (Simon MAINA AFP)

The Director of Public Prosecution (DPP) has officially withdrawn a case against Nick Mwendwa, a former president of the Football Kenya Federation (FKF).

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According to the DPP, they had requested an adjournment of the case on grounds of not having witnesses but the court denied their request hence the former withdrew the case in accordance with Section 87 of the Penal Code.

Section 87 of the criminal procedure code (cap 75 Laws of Kenya) provides that:

“In any trial before a subordinate court 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, and upon such withdrawal –

(a) if 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:

(b) if it is made after the accused person is called upon to make his defence, he shall be acquitted.”

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.

Mwendwa, who had been head of the FKF since 2016 is also the owner of top-flight league club Kariobangi Sharks.

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