NAIROBI,Kenya, Nov, 25 – Embattled Football Kenya Federation (FKF) president Nick Mwendwa is a free man for now after the Office of the Director of Public Prosecutions failed to prefer charges against over alleged misappropriation of funds.
Mwendwa, had been accused of misappropriating at least Sh400 million belonging to FKF.
Under a miscellaneous application, the court had directed the prosecution to prefer charges against him.
The Directorate of Criminal investigations (DCI) said it had arrested him 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.
The ODPP had been given seven days by Milimani Senior Principal Magistrate Wandia Nyamu to file charges against him failure of which, he would be released unconditionally.
“We seek to close the file as our team proceeds with probing the case at our own pace before we prefer charges against him,” said the ODPP.
Senior Resident Magistrate Nyamu allowed the state request to close the miscellaneous file.
Nyamu also ordered Sh4 million cash bail be refunded to him.
Mwendwa had been 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.
Mwendwa is however not yet off the hook as the state could still prefer charges against him over alleged misappropriation of funds in the ongoing probe.
The terms of his release on November 15, also saw the court bar him 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.
Through the supporting affidavit of the Investigating Officer Moses Mnangat attached to the DCI Serious Crime Unit, the prosecution said that they were 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 said 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 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.
Mwendwa was 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 said 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.”
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