Court Drops Ksh38M Corruption Case Against Nick Mwendwa

Football Kenya Federation (FKF) President Nick Mwendwa got a huge reprieve after a Kiambu court quashed a Ksh38 million fraud case against him on Wednesday, March 29.

In the ruling delivered by Kiambu Senior Principal Magistrate Wilson Rading, the court dismissed the decision by the Directorate of Public Prosecutions (DPP) to recommend Mwendwa be prosecuted with criminal charges.

The magistrate ruled the charges as framed by the prosecution were illegal, unlawful and unconstitutional, thus terminating the case. 

Rading added that the charges filed against the embattled FKF boss by the DPP resulted from investigations by a committee previously appointed by former Sports Cabinet Secretary Amina Mohammed which were insufficient to implicate him.

"After considering the evidence presented by Mwendwa's defence lawyers, l find that they made a case to warrant this court's intervention to protect the abuse of the court process.

"This court hereby issues orders to the effect that the charge sheet dated July 7, 2022, and or any other charge sheet prepared and registered in this court by the DPP and or his prosecutors against the accused person (Mwendwa) after July 6, 2022, be and hereby struck out for being defective unlawful, unconstitutional and for being an abuse of the court process and criminal justice system," Rading ordered.

The court set Mwendwa free and ordered that the state should not apprehend and charge him based on the findings of the same committee.

"The court orders that no other charges and/or any other criminal process premised upon the preliminary report of Football Kenya Federation (FKF) Inspection Committee dated November 5, 2021, including the summoning of the accused person to take a plea on any charge, shall be registered in it," ruled the magistrate.

Rading agreed with Mwendawa's lawyers, Eric Mutua, Charles Njenga and Victor Omwebu who asked the court to terminate the criminal case permanently.  

The acquittal paved the way for Mwendwa to resume his office as the substantive president of the Football Kenya Federation (FKF). 

On October 14, 2021, ex-CS Amina directed the Registrar of Sports to undertake an inspection of FKF and also formed a 15-member caretaker team, headed by retired judge Aaron Ringera to take charge of operations at the federation for six months as the investigations continued. As a consequence, Kenya was suspended by FIFA over government interference in the running of the sport.

Mwendwa wrote to FIFA President Gianni Infantino on Thursday, September 9 that he had resumed his duties as the head of Kenya's football body.

He explained that he was cleared by the Directorate of Criminal Investigations (DCI) which was probing him over corruption claims. 

"Reference is made to my letter dated November 29, 2021, with regard to the interim transfer of my powers and responsibilities as FKF President to the FKF Vice President.

"In this regard, following the withdrawal of charges by the Directorate of Public Prosecution on July 8, 2022, I hereby wish to inform your good office that I have resumed my duties as the FKF president, with immediate effect, in accordance with Article 42 of the FKF constitution (2017)," his letter read in part.

Mwendwa added that FKF made significant progress towards complying with the FIFA directive of February 24, 2022, with a meeting that was to be scheduled with the newly elected Kenyan government to actualise the lifting of FIFA's suspension and Kenya's return to international football, which has since been realised.