Suspended FKF president Nick Mwendwa has walked free in a Ksh38 million corruption case after the DPP failed to present evidence in the matter.
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 Nick 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 the trend.
Earlier this year, the court was told that the Cabinet Secretary for Sports Amina Mohamed and KCB managers had declined to release evidence in their possession and record statements.
Nyuttu was told that the DCI boss George Kinoti had summoned the CS and the top bank officials to supply him with evidence for onward transmission to the Office of the Director of Public Prosecutions Noordin Haji and to supply defence lawyers Eric Mutua and Charles Njenga with the same to prepare defence for Mwendwa.
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 Ksh10 million.
He had been charged that between April 16 and May 31, 2021, at an unknown place within the Republic of Kenya, jointly with others not before the court, Mwendwa conspired to commit an economic offence of corruption namely to defraud the Football Kenya Federation (FKF) Ksh29,502,709
He is further accused that on May 15, 2021, at an unknown place within the Republic of Kenya, jointly with others not before the court, he fraudulently acquired public property to wit Ksh2.5 million, the property of the Football Kenya Federation (FKF).
Mwendwa is further accused of fraudulent acquisition of property amounting to Ksh5 million and another Ksh1 million on March 4 and May 6 this year respectively.
