State withdraws graft case against former FKF boss Nick Mwendwa

Embattled FKF president Nick Mwendwa has been freed in the Sh 38 million corruption case after the prosecution failed to present evidence in the matter. Mwendwa who was charged in November 2021 walked to freedom as the office of the Director of Public Prosecutions (DPP) was put on the spot over failure to lead evidence in the publicized case. Milimani Anti-corruption chief Magistrate Eunice Nyuttu discharged Mwendwa for want of prosecution. Nyutu declined a concerted effort by the office of the DPP to have the matter adjourned further to enable his office to record statements from intended Witnesses. "I hereby discharge Mwendwa under section 87(a) of the Criminal Procedure Code (CPC) for failure by the DPP to avail evidence before this court," Nyuttu ruled She put the DPP on the spot for abusing the court process by arresting and producing Mwendwa in court without any evidence. The court agreed with the defence lawyers Eric Mutua and Charles Njenga that the DPP is using the court as a holding ground while hunting for evidence. When the case came up for hearing on Wednesday the DPP applied to have the case postponed to enable him to gather evidence and present the same. Lawyer Mutua vehemently opposed the attempt to put the matter indefinitely saying the rights of the accused person have been violated since the matter was instituted on November 14, 2021 and the court should put a stop to this trend. Earlier the court was told Sports Cabinet Secretary Amina Mohamed and KCB bank managers had declined to release evidence in their possession and record statements. Nyuttu was told that the Directorate of Criminal Investigations (DCI) George Kinoti summoned Mohamed and the bank's top officials to supply him with evidence but they did not heed to the call. As a consequence Mwendwa is free for now but may be arrested and returned to court once the prosecution acquires evidence in the graft case. Mwendwa had been out on a cash bail of Ksh 10million bond. His charges read that between April 16 and May 31, 2021 at unknown place within the Republic of Kenya Mwendwa jointly with others not before court, he conspired to commit an economic crime namely to defraud the Football Kenya Federation (FKF) Sh 29,502,709 He was further accused that on May 15,2021 at unknown place within the Republic of Kenya jointly with others not before court he fraudulently acquired public property to wit Sh 2.5 million the property of it f Football Kenya Federation (FKF). Mwendwa is further accused of fraudulent acquisition of property amounting to Sh 5 million and another Sh 1 million on March 4 and May 6 this year respectively.