NAIROBI,Kenya, Nov, 15 – Embattled Football Kenya Federation (FKF) president Nick Mwendwa is a free man, albeit temporarily pending further orders of the court after being released on a bond of Sh7 million with two sureties of similar amounts or a cash bail of Sh 4 million and two contact persons.
Appearing before Milimani Law Courts Magistrate Wandia Nyamu, Mwendwa who has publicly defended his innocence was as part of his release barred from accessing his offices and the building housing the FKF.
He was also barred from having access to FKF workers, members of the media at the same time also prevented from attending any football activities.
“By football activities I mean even todays’s game..that is if you are going to be out. That is all.” ruled Nyamu.
A ruling on whether Mwendwa should be detained by police for 2 weeks pending further investigations is scheduled for November, 17, 2021.
The Directorate of Criminal Investigations (DCI) through a miscellaneous application before court said that embattled Football Kenya Federation (FKF) president Nick Mwendwa was arrested over the weekend in connection to cases of Fraudulent Acquisition of Public Property and failure to comply with laws or applicable procedures and guidelines relating to the procurement and disposal contrary to section 45(2)b of the anti-corruption and economic crimes.
Through the supporting affidavit of the Investigating Officer Moses Mnangat attached to the DCI Serious Crime Unit, the prosecution says they are investigating fictitious money transfer amounting to Sh8.5 million to private bank accounts including that of Nick Mwendwa and no documents were availed to justify the transfers.
“That the offences under investigations were committed in relation to running of the Football Kenya Federation to which the respondent has been the president whose functions entailed the management and control of public funds advanced by the Government of Kenya and other donors for usage in the interest of the public particularly in promoting development football game, facilitating football games and events relating to football games” reads a section of the application seen by Shahidi News.
The officer in his affidavit further says the inspection committee further established that withdrawals amounting to Sh29.5 million were made, mostly from a bank account that was deliberately not disclosed to the inspection committee.
Other withdraws, preliminary investigations have revealed, were made by persons not authorized as signatories to the accounts. There were also withdraws that were above the limit set by the Central Bank of Kenya.
“The registrar of sports further reported that the said inspection committee established that the government grants advanced to Football Kenya Federation between 2017 and 2021 could not be accounted for,” reads the affidavit.
According to the application, Sports Cabinet Secretary Amina Mohammed received an inspection report from the committee, which detailed the gravity of the issues raised. She adopted the proposal to dissolve FKF, and as a result, removed the respondent from the position of president.
This means Mwendwa is now barred from entering into transactions on behalf of the federation.
Following the dissolution, the CS appointed a caretaker committee to oversee the management of the affairs of the federation.
In his affidavit, the Investigative Officer says Mwendwa was defiant of the directive by the CS sports and had even vowed to continue conducting and carrying on with the business of the federation, with an aim of keeping his “considerable reign, influence employees and scuttle investigations into the offences of which he is the suspect.”
The police say they seek the 14 days to obtain relevant documents from the federation, obtain documents from fourteen FKF bank accounts held in various banks, and record statements from witnesses.
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