adminNAIROBI. – In a last minute-strike, embattled Football Kenya Federation (FKF) president Nick Mwendwa has moved to forestall the new Sh38 million theft case which the Director of Public Prosecution (DPP) has filed at the Kiambu Law Courts.
Mwendwa, who is scheduled to appear before the Chief Magistrate’s Court at the county court today, to plead to the fresh case, has asked the High Court sitting in Kiambu to protect his fundamental rights to unfair administrative action.
Through lawyers Eric Mutua and Charles Njenga, Mwendwa has asked the superior court to intervene and curtail the DPP from abusing the court process through alleged “forum shopping”.
“I have already suffered and I will continue to suffer irreparable prejudice, loss and damage should this Honourable Court not intervene to remedy the infractions of law being meted against me,” Mwendwa states in an affidavit.
In effect, Mwendwa is asking the High Court to reinstate earlier orders granted by Justice Esther Maina stopping the DPP from arresting him and charging him with theft of Sh38 million from FKF’s coffers.
Mwendwa’s lawyers have argued that the DPP applied to withdraw the case against Mwendwa under Section 87(a) of the Criminal Procedure Code (CPC) for lack of evidence.
The lawyers want Kiambu High to issue a conservatory order restraining the Director of Criminal Investigation, the DPP and the Inspector General of Police from arresting, interrogating, harassing, recommending prosecution or charging their client in any court of law within Kenya.
The charges are based on the preliminary report of FKF dated November 5 2021, a press statement by the CS Mohamed of November 11,2021 and the Gazette Notice No.12374 dated November 12,2021.
Mutua therefore asked the court to take judicial notice of the aborted moves to prosecute him since November 11 2021 when he (DPP) had not completed investigating the alleged misuse of FKF.
Mutua and Njenga have presented before the Kiambu High Court a detailed graphical and chronological history of the case since Sports CS Amina Mohamed disbanded FKF committee members and appointed a caretaker committee to run football activities in Kenya.
Last week High Court Judge Esther Maina, who handles anti-corruption related cases declined to bar the DPP from prosecuting Mwendwa in the alleged theft case in Kiambu Law Courts. – The Nation
Mathew Masinge
Online Reporter