The Ksh 38 million theft case against former Football Kenya Federation President Nick Mwendwa has been thrown out by Principal Magistrate Wilson Rading.
In the historic decision, the DPP has been barred from preferring any charges against Mwendwa or even summoning him to record any statements based on the recommendations of a probe committee that was appointed by former Sports CS Amina Mohammed last year to investigate expenditure of FKF funds.
Kiambu Senior Principal Magistrate Wilson Rading, who has since been transferred to Naivasha, set aside the fresh charges saying they were unlawful, unconstitutional, unfounded and an abuse of the court process.
Rading upheld submissions of the former president of the Law Society of Kenya (LSK) Eric Mutua that the fresh charges filed against Mwendwa were premised on malice and therefore cannot stand the force of the law.
Mutua, who had teamed up with lawyers Charles Njenga and Victor Omwebu, had asked the magistrate to invoke the courts jurisdiction to put to an end the sea-saw decisions of arresting Mwendwa and freeing him at will then re-arresting him again with no cogent evidence.
Stopping Mwendwa’s trial Rading ruled :“This honourable court hereby issues orders to the effect that the charge sheet dated July 7,2022 and or any other charge sheet prepared and registered in this court by the DPP and or his prosecutor(s) against the accused person after July 6,2022 be and is hereby struck out for being defective,unlawful,unconstitutional and for being an abuse of the court process/criminal justice system.”
- - Additional reporting from Daily Nation