Under fire Football Kenya Federation President Nick Mwendwa’s troubles are far from over after the High Court frustrated his attempts to stop investigation agencies from scrutinizing his personal and FKF bank accounts.
This followed reports that he had been siphoning and misappropriating federation funds.
He had through his lawyer Tom Ojienda, Mwendwa filed a petition at High Court seeking orders to stop the Directorate of Criminal Investigations’ Banking Fraud Investigations Unit and the Director of Public Prosecutions investigating him for misuse of FKF funds.
Mwendwa also wanted the court to block the DCI and the DPP from prosecuting him over a complaint filed by civilian Milton Nyakundi over the alleged siphoning of millions of FKF money into his personal accounts.
But on Tuesday, High Court judge Justice Makau refused to give conservatory orders against the state agencies restraining the DCI and the DPP “from summoning, investigating and/or further investigating, charging and/or prosecuting the petitioners.”
Prof Ojienda on behalf of his client told the court that the intimidation and harassment of Mwendwa was linked to the upcoming FKF elections.
On his part Justice Makau said: “The court directs that the petitioners should not be harassed in any way in relation to the elections only,”
He continued: “The court has not stopped investigations. If Mr Mwendwa is required to record statements or provide information then he must do so.”
Mwendwa is on the spot for transferring millions of shillings to his personal account even when his tenure ended on 10 February 2020, and at a time when the National Executive Committee is non-existent.
Documents seen by an insider to the Kenyan Herald editorial indicate a massive pilferage of football funds in the months of June and July 2020.
Banking Fraud Investigations Unit of the DCI investigator had asked for a court order to be supplied with Kenya Commercial Bank accounts documents as well as access to FKF and Mwendwa’s personal accounts.