The embattled President of the Football Kenya Federation (FKF) Nick Mwendwa has been re-arrested after the charges against him were withdrawn to allow the prosecution include additional evidence.
Mwendwa was arrested at around 12:15 pm along Kiambu road on his way from Runda to the city centre when his car was blocked by two police vehicles, according to his lawyer, former Law Society of Kenya president Eric Mutua.
The Office of the Director of Public Prosecutions (ODPP) on Thursday clarified that contrary to media reports, the case involving the misappropriation of funds amounting to Ksh38 million was withdrawn and that he was not acquitted.
The case was withdrawn on Wednesday, July 6 by the presiding Magistrate Eunice Nyutu of the Milimani Anti-Corruption Court.
“The ODPP would want to clarify that the case of former President of the FKF Nick Mwendwa Kithuku on misappropriation of funds was withdrawn and that he was not acquitted,” ODPP said.
According to DPP, the case was expected to commence on July 5, 2022, but the prosecution could not proceed with the hearing following the discovery of additional evidence availed by the Directorate of Criminal Investigations (DCI).
“In the interest of the administration of justice, the matter was withdrawn to enable the prosecution review the additional evidence and fulfil its constitutional duty of disclosure,” the DPP said.
Article 50 of the Constitution on fair hearing mandates the prosecution to disclose all material and evidence that comes within its possession to the accused person.
DPP Noordin Haji said his office had since reviewed the additional evidence and applied for summons against Mwendwa. He is expected to take plea on Monday, July 11, 2022, with a charge of conspiracy to defraud the federation of Ksh38 million.
“The ODPP is cognizant that this is a matter of great public interest and is keen to ensure that the case is prosecuted in adherence with the law and justice is served,” the ODPP said.
After his arrest from his Kiambu Road home, Mwendwa was taken to the DCI headquarters for processing.
After several adjournments since December last year, the matter was scheduled for hearing on Tuesday, July 5.
He was first arrested on November 12, 2021, and was arraigned three days later before Milimani Senior Principal Magistrate Wandia Nyamu.
The State asked to detain him for 21 days, pending investigations.
He was later released on bond.