Football Kenya Federation (FKF) President Nick Mwendwa has been handed a temporary reprieve after Director of Public Prosecutions (DPP) withdrew the corruption charges against him under Section 87 of the Penal Code.Mwendwa has been battling graft charges since November 2021 when he was thrown out of office and later arrested by detectives. He was accused of embezzling around Ksh. 38 million after a report compiled by the Sports Registrar, Rose Wasike.##NAJAVA_MECA_6492225##On Wednesday the DPP was forced to withdraw charges as they did not have any witnesses to testify against the former football honcho. They initially wanted the case adjourned, a prayer that was rejected by Milimani Anti-corruption magistrate Eunice Nyuttu.The former FKF boss is however not off the woods yet as he had initially been acquitted before he was rearrested and charged afresh. Mwendwa was first rounded up in 14th November before he got released as no charges were preferred against him. He then got rearrested on 26th November before he got arraigned on 30th of the same month and charged with embezzling around 38 million shillings.The DPP has withdrawn charges against former FKF chief Nick Mwendwa in accordance with Section 87 of the Penal Code.— Daniel N Wahome, LBW (@MistaWahome) July 6, 2022 Section 87 of the criminal procedure code (cap 75 Laws of Kenya) provides that;“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 defence, 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 defence, he shall be acquitted”.Quickfire with Camp Toyoyo Chairman Felix Makachia
