Blow to Mwendwa after court declines bid to stop state from prosecuting him over financial fraud

The High Court has thwarted an attempt by outgoing Football Kenya Federation president Nick Mwendwa to block the state from investigating his bank accounts and those of the federation.



Through lawyer Tom Ojienda, Mwendwa had filed a petition before the High Court seeking orders to stop the Directorate of Criminal Investigations’ Banking Fraud Investigations Unit and the Director of Public Prosecutions stopped from their ongoing investigations over alleged misappropriation of funds at FKF, is malicious.



However, Justice Makau, during the inter-parties hearing on Tuesday declined to give conservatory orders against the state agencies as prayed by Mwendwa, saying the court could not issue such orders.



Mwendwa had asked the court in his prayer for interim orders in the petition where he has sued the DCI, DPP and journlist Milton Nyakundi that the DCI and DPP be restrained “from summoning, investigating and/or further investigating, charging and/or prosecuting the petitioners.”



During the hearing, Nyakundi, who is representing himself, had opposed the grant of the orders saying the matters being investigated have nothing to do with the impending elections as had been argued by Prof Ojienda.



“The question of elections and what is being investigated are different and if anything, the matter of elections is currently before the Sports Disputes Tribunal which has undertaken to hear and determine the matter before the 17th of this month which is the date set for national elections,” Nyakundi told the court.



“The issues of elections will be dealt with within the confines of the law and I do not see how the outgoing president of FKF stands to be prejudiced if the investigations are not stopped.”



Prof Ojienda had argued that his client (Mwendwa) was being harrassed and intimidated over the elections and the court should grant him some reliefs, which the court considered and granted.



“The court directs that the petitioners should not be harassed in any way in relation to the elections only,” reiterated Justice Makau.



“The court has not stopped investigations. If Mr Mwendwa is required to record statements or provide information then he must do so.”



Mr Mwendwa, who is seeking another term as the football boss, wants the court to block the DCI and the DPP from prosecuting him over a complaint filed by Nyakundi.



Mwendwa claims Nyakundi is not a member of FKF, hence a busybody, who has no locus to complain on anything about FKF governance since the FKF constitution and FIFA statutes provide a comprehensive mechanism of financial audit.



An investigator with the Banking Fraud Investigations Unit of the DCI had sought to access the accounts and also asked to be supplied with documents relating to two bank accounts at Kenya Commercial Bank.



Erick Otieno, an investigator, had summoned him to appear for questioning on Friday, 2 October 2020, following a court order issued in September compelled the federation bankers to provide copies of bank statements and record of financial transactions for the period 10 February 2016 and 26 august 2020.



The summons may have been the trigger for Mwendwa’s move to court on 1 October 2020 seeking ex-parte orders which were not granted.