Embattled Football Kenya Federation (FKF) boss Nick Mwendwa has failed in his bid to compel the Director of Public Prosecutions (DPP) from prosecuting or commencing any prosecution preferred on him with regards to Sh8.5million theft allegations and conspiracy to defraud FKF up to Sh29.5million.After filing an application at the Chief Magistrate’s Court in Kiambu where the FKF boss sought orders to stop the DPP from prosecuting him and for the court to strike out the charge sheet prepared by the DPP, Kiambu Senior Resident Magistrate Wilson Rading deferred the ruling on the case and stayed his decision on Mwendwa’s request pending the decision of the High Court in another petition filed by the FKF boss.pic.twitter.com/KhunRj4lwM— Nick Mwendwa (@Nmwendwa) November 4, 2022 “In view of the above and considering that this court is bound by the decision of the superior court, this court takes the exceptional circumstances and defers it’s ruling pending the determination of the Petition filed in the High Court.In the circumstances and in the interest of justice, the Court directs that the proceedings herein be stayed pending the decision of the High Court in Petition No. 16 of 2022,” the statement read.##NAJAVA_MECA_6816055##The direction offered meant that Rading had postponed the decision to determine whether Mwendwa can answer to theft charges of Sh8.5million and conspiracy to defraud FKF upto Sh29.5million.Rading had postponed the ruling four times, until on Wednesday when he informed defence lawyers Eric Mutua, Charles Njenga and Victor Omwebu that the High Court instructed him not to proceed with the case after he received a memo from a judge on November 3 communicating the existence of a petition by Mwendwa challenging the fresh trial.FKFPL season to kick-off despite Sports Disputes Tribunal rulingMwendwa’s lawyers Mutua, Njenga and Omwebu had filed two applications, one before Rading and another before Justice Kasango, all seeking to bar DPP from prosecuting Mwendwa afresh saying it would be an affront to his constitutional and fundamental rights.“This court is apprehensive that the decision of the High Court may have a direct effect on the matter before it and in the interest justice and in avoidance of two conflicting decisions, it is imperative that this court defers its ruling awaiting the outcome of the decision of the High Court,” Rading ruled.Gor Mahia rope in highly rated defender Sylvester OwinoMwendwa so far has three cases he needs to answer to. In the first theft charge Mwendwa is alleged to have stolen KSh2,500,000 on May 15, 2021 being the property of FKF when he was the president of the federation.The second charge states, on March 4 ,2021 Mwendwa stole Sh5million the property of FKF when he served as its president.Group C – Is there anyone who can stop Argentina and Messi in their Championship quest?The third indictment is that of stealing Sh1million on May 6, 2021 while the last count is of conspiring to defraud FKF Sh29,502,709 jointly with others not before the court.Justice Kasango will hear the petition on December 6.
