Following the arrest of FKF boss Nick Mwendwa on Friday 12, the Division of Criminal Investigations through the prosecution has applied for custodial detention of 14 days at Gigiri Police Station.
Mwendwa was arraigned before Magistrate Wandia Nyamu.
The prosecution says that period will be used to conclude investigations and to also obtain
relevant documents currently in Nick’s office without his interference.
Nick Mwendwa was arrested on allegations of fraudulent acquisition of public property and mismanagement of Ksh 513 million.
The defense has opposed this application arguing that it is contradictory for the state to allege that the respondent who cannot access his office if released will interfere with the documents.
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Advocate Erick Mutua has said that this is not a compelling reason to detain the accused. Mutua has also cited reference to the case State Vs Oscar Sudi, on the test of good faith.
The Sudi case argued that even if there are compelling reasons and the state is unable to prove that the application of pretrial detention is brought in good faith, then the court ought to deny the State’s application.
"The state arrested Nick on charges of mismanagement of Ksh 513 million but on the affidavit sworn today, there is no mention of the mismanagement or the sum.
It is bad faith for the state to wave to the public an imaginable sum of Ksh 513M as the money that has been misappropriated, " said the advocate.
He has added that what triggered the arrest of Mwendwa is an inspection report, which the defense counsel and the respondent were denied.
The defense has urged the court to release Nick as no one else can represent him in today’s games as he is the only one recognized by FIFA.
The court has scheduled the ruling for Wednesday 17, 2021. The magistrate will however deliver directives today at 3:30 PM.
*This article was written by Meshack Makau for Uzalendo News. Email: uzalendonews24@gmail.com to submit your story.
