adminNAIROBI. – Embattled Football Kenya Federation (FKF) president, Nick Mwendwa, failed to appear at Kiambu Law Courts yesterday to answer to a fresh criminal case filed against him by the Director of Public Prosecutions (DPP).
Instead, Mwendwa filed a fresh application seeking to suspend his trial before Kiambu Chief Magistrate Simon Rading pending the outcome of another case he filed at the High Court last Friday.
Defence lawyers opposed the filing of theft charges against Mwendwa, saying the courts should not entertain latest attempts to charge the FKF president since an earlier case against him had been withdrawn by the DPP at the Anti-Corruption Court Milimani on July 6.
Rading was told Chief Magistrate Eunice Nyuttu had discharged Mwendwa in the Sh38 million graft case.
Mwendwa has now filed twin applications at the Kiambu Law Courts seeking orders to restrain the DPP from preferring fresh charges against him on the backdrop of the discharge of the graft case against him.
A team of state prosecutors, led by Kiambu County Prosecutor Everlyne Onunga, opposed the contention that Mwendwa should not be prosecuted afresh.
“There is no order presented to this court to stop the fresh prosecution of Mwendwa. I urge this court to proceed to give directions,” Ms Onunga submitted.
She asked Rading to direct defence lawyers Eric Mutua and Charles Njenga to furnish the prosecution with a copy of the fresh application to enable them (state prosecutors) respond to the application opposing the new charges against Mwendwa. Mwendwa contends that the new move to charge him is an affront to his constitutional rights.
Ms Onunga asked the court to take judicial notice that Mwendwa that did not attend court despite having been served with summons by the investigating officer from the Directorate of Criminal Investigations.
The prosecutor stated that the High Court is yet to issue any conservatory orders quashing the fresh bid to charge Mwendwa. – The Nation
Mathew Masinge
Online Reporter