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Under fire, Football Kenya Federation (FKF) President Nick Mwendwa has lost a case to stop Director of Criminal Investigations (DCI), Director of Public Prosecutions (DPP) investigation over alleged financial misappropriation.
Mwendwa through his lawyer Tom Ojienda had sued DCI, DPP and journalist Milton Nyakundi last year after a complaint was filed with the Banking Fraud Investigations Unit (BFIU) touching on the finances of the federation.
However, Mwendwa's pleadings were dismissed by Justice James Makau:
"I, therefore, find the petitioners' prayer for an order of a permanent an injunction prohibiting the DCI and DPP summoning, investigating, charging or prosecuting the petitioners with respect to the financial management of FKF is not justified in the circumstances of this case," stated Justice Makau.
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Mwendwa argued that possible summons by the DCI amounted to violation of his rights, but Justice Makau dismissed the petition, indicating it not only lacked merit but was also "premature and speculative."
Nyakundi wants the BFIU to investigate what he claims are questionable transactions within FKF accounts.
Nyakundi made the complaint to the Ethics and Anti-Corruption Commission and asked them to investigate alleged fictitious transactions at Kandanda House, including claims of direct transfer of funds from the federation's accounts to Mwendwa's personal accounts.
“The petitioners claim that the FKF Constitution and FIFA Statutes provide for a comprehensive mechanism of financial audit of all monies received by the FKF.
However, I am not convinced that the existence of an audit mechanism negates the investigative jurisdiction of the DCI and DPP and specifically where a complaint of a financial crime has been made,” clarified Justice Makau.
The investigative state bodies submitted that the inquiries were just part of the judicial system and did not necessarily mean one is guilty.
More to follow.