The Director of Public Prosecutions (DPP) has withdrawn corruption case against former Football Kenya Federation (FKF) President Nick Mwendwa for lack of witnesses.
Mwendwa, who was first arrested on November 14 last year before he was released and re-arrested again on charges of fraud, has been battling to clear his name in court through his lawyers Erick Mutua and Charles Njenga.
He was kicked out of office with his entire National Executive Committee in November last year by Sports Cabinet Secretary Amina Mohamed when she appointed a Caretaker Committee to run the affairs of the federation.
Kenya has since been suspended by Fifa for government interference.
Section 87 of the criminal procedure code (cap 75 Laws of Kenya) provides:
“In any trial before a subordinate court any public prosecutor may, with the consent of the court, or on the instructions of the Attorney General, at any time before judgment is pronounced, withdraw from the prosecution of any person, and upon such withdrawal –
(a) if it is made before the accused person is called upon to make his defense, he shall be discharged but such discharge of an accused shall not operate as a bar to subsequent proceedings against him on account of the same facts:
(b) if it is made after the accused person is called upon to make his defense, he shall be acquitted”.
On Tuesday, the DPP applied for adjournment of the case arguing that they had no witnesses and wanted to review the evidence, but their application was denied by the court, which directed that they come ready to proceed with the case on Wednesday.
Wednesday’s renewed application to adjourn on grounds that they did not have witnesses was again declined and they applied to withdraw the case under section 87(a).