The Director of public prosecution has withdrawn the case against Nick Mwendwa, a former president of the football Kenya federation.
He had requested an adjournment of the case on the grounds of not having any witness. However, according to Section 87 of the criminal procedure code (cap 75 Laws of Kenya),
“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 defense, 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 defense, he shall be acquitted.”
The two cases
Nick was arrested on November 12 2021 for a claim of misappropriation of funds meant for national football teams. He was later released on a 4 million cash bail. On the other hand, Nick was also arrested on November 26 and transported to the directorate of criminal investigations headquarters for the fraudulent acquisition of public property.
“Going forward, without prejudice to the allegations that have raised and any potential trial for offenses that may have been committed, Fifa and Caf area asking you to consider the reinstatement of the FKF executive committee members as prior thereto. FIFA and CAF administrations are prepared to work closely with the FKF ad your office representatives – as it has already been the case in the recent past – to normalize the situation,” reads a letter from FIFA signed by Fifa Secretary General Fatma Samoura.
Nick was freed, but not allowed to access any FKF offices when his ruling was pending on whether he was to be detained or not. State prosecutor Evelyn Onunga that if Nick was released he might tamper with the key witness in the case.