On March 27th, FIFA sent through a letter signed by the Chief Member of Associations Kenny Jean-Marie to FKF CEO Barry Otieno warning the federation that any third-party interference and further delay in holding the AGM would trigger sanctions against the East African nation.
“We further wish to underline that a violation of this obligation by the FKF or its members may lead to sanctions as provided for in the FIFA Statutes, including a possible suspension,” read part of the letter from Jean-Marie.
“In addition, please note that the order of the Mombasa High Court dated March 15, 2024, appears to amount to undue influence by third parties which could be considered as a violation of Article 19 paragraph 1 of the FIFA Statutes and Article 7 paragraph 1.g. of the CAF Statutes.”
However, on April 4th, a High Court in Mombasa went against the FIFA letter when making its ruling on the case after Lady Justice Olga Sewe confirmed a stay order for FKF not to proceed with the AGM, for the second time, to allow an application filed by Sports Journalist Milton Nyakundi which she said was merited and deserved to be heard and determined.
FKF had first set March 16 as the date for the AGM, but Nyakundi moved to court a day before the exercise where he successfully obtained an order stopping the same citing the legality of the federation to convene the meeting.
The standoff is now putting Kenya at loggerheads with FIFA, who want FKF to hold elections as per their timeline.
“In view of the foregoing, the FKF is directed to conduct its Annual General Meeting soon and to continue working towards conducting the FKF elections scheduled to be held this year,” said the FIFA letter.
According to the calendar, FKF are supposed to hold an election by the end of October, and with the impasse still dragging on, they may not be able to have a new office in place by that timeline.
What is the solution to FKF problems?
According to Nyakundi, a Normalisation Committee constituted by FIFA in conjunction with the Kenyan government will end the problems bedeviling the federation and usher new office bearers to take charge of the sport.
“The situation of Kenyan football is not normal anymore because the laws of the country have effectively been applied to impeach the former officials and so in keeping with FIFA’s requirements that their members respect their national laws and based on Article 5 of the FIFA Statutes that anchor the promotion of friendly relations and involvement of all stakeholders, it's high time they invoked Article 8(2) of their Statutes,” Nyakundi told Flashscore.
Nyakundi added: “There could not be a better time to have a Normalisation Committee than now although I believe it is a long overdue decision. The essence of Article 8(2) is that a Normalisation Committee is the solution when things are so wrong and everything has gone so badly that the only way out is to install a framework to normalise the abnormal situation.”
However, Nyakundi warned putting up the Normalisation Committee will require FIFA's concurrence that Nick Mwendwa's regime's time is long overdue and they "should be stripped of the privilege to be part of the transition, before stakeholders can be engaged to come up with a roadmap for elections."
“The way to do it is to first agree that the former officials have been stripped of the privilege to be part of the transition by operation of the law and having lost the moral, legal, social, and all other authority they no longer have the latitude to continue using the FIFA flag as their safety cleft,” explained Nyakundi.
“Upon FIFA making it clear that Nick (Mwendwa) and Co have spent their time, they must then sit with the government to appoint a Normalisation Committee which should engage all the stakeholders in coming up with an electoral roadmap to have elections within a period of six to nine months because the issues are pretty straight forward.
"Align the constitution, set the elections in course, have an independent board to process candidatures as per the electoral code agreed by all stakeholders, sanitize the voters register and have elections.”
Are FKF officials to blame for the current mess?
FKF Presidential aspirant Twaha Mbarak conquers with Nyakundi that setting up a Normalisation Committee will ensure compliance, fill the vacuum in FKF, and lead the way for fresh elections. Mbarak, who doubles up as the vice-chairman of FKF Premier League side Bandari FC, blamed FKF officials for the confusion in Kenyan football.
“Rigidity and chest-thumping shown by the FKF officials have continuously brought confusion in Kenyan football with the aborted AGM worsening the already bad situation,” Mbarak told Flashscore.
“The FKF officials vividly understand what is bedeviling our game but their inability to adjust to the reality and incompetence of most of them continue to drive our game down the drain. It saddens stakeholders watching the same officials mandated to spearhead the game to greater heights, misinforming the world governing body FIFA on the realities on the ground, for their selfish ends.”
On the way forward, Mbarak said without mincing words: “FKF must align its constitution with the Sports Act 2013 to avoid this kind of confusion which keeps recurring; FIFA should appoint a Normalisation Committee which will ensure compliance, fill the vacuum, and eventually organize a free and fair election.”
How FIFA ban could affect Kenya
Should FIFA go ahead and sanction Kenya, this will come as a huge blow to the country which is already gearing up to co-host the 2024 African Nations Championship (CHAN) and the 2027 Africa Cup of Nations (AFCON).
Kenya have already made a significant stride in its preparations to host AFCON by launching the construction of a 60,000-capacity modern Stadium - the Talanta Sports City at Jamhuri along Ngong Road in Nairobi - and this is in addition to the ongoing renovation works at 60,000 seater Kasarani Stadium which is set to be completed by December before action moves to Nyayo Stadium.
Meanwhile, for hosting CHAN, renovation work is being undertaken at Bukhungu Stadium in Kakamega and Afraha Stadium in Nakuru. The ban will affect Kenyan leagues – men and women – as respective winners will not have the opportunity to play at the continental level including the CAF Champions League and Confederation Cup, and bar players from making moves abroad.
“The FKF league is 10 matches away from conclusion and we don’t want anything that will render the season a nullity, clubs spend huge sums of money to prepare for matches and if the confusion continues and FIFA reins in, then we will lose a lot as a nation including the CHAN and AFCON which President William Ruto is pushing to make sure Kenya host,” FKF aspirant Omondi Aduda, and former FKF CEO told Flashscore.
Last November, Kenya suffered an indefinite ban from FIFA for alleged government interference though it was lifted after nine months in the cold following the intervention of Sports Cabinet Secretary Ababu Namwamba, who had just been appointed to the position by President Ruto.
