A petition seeking the disbandment of the current Football Kenya Federation office disbanded has been filed.
The petition was filed on Monday by the Kenya Football Stakeholders, a body that brings together aspirants for various positions in the fothcoming FKF polls, parties to the Sports Disputes Tribunal petitions 3 and 5 of 2020, football clubs, players and coaches.
Amongst the prayers that the petition addressed to world football governing body FIFA and Sports CS Amina Mohammed seeks include the disbandment of the federation as currently constituted and the establishment of a Normalization Committee in line with Article 8 and 14 of the FIFA Statutes whose mandate would include:
• to run the daily affairs of FKF,
• to review the FKF Constitution 2017 and the FKF Electoral Code and to organize and conduct the elections for FKF
• Constitute, Review and Approve the Voter Register with respect to the Sports Act and the FKF constitution
• Vet and approve the candidate’s whist paying respect to:
i. Chapter 6 of the Constitution of Kenya
ii. Legal provisions on clearance by the Ethics and Anti-Corruption Commission
iii. Legal provisions on clearance by the Directorate of Criminal Investigation.
iv. Legal provisions on clearance by the Kenya Revenue Authority.
v. Legal provisions on clearance by the Higher Education Loan Board.
The petitioners argued that the continous stay in office by the current officials led by the president Nick Mwendwa was a gross violation of critical legal provisions envisaged by both the FKF, FIFA and the SDT ruling of 17th March 2020.
“In light of this clear position, it is our humble petition that the erstwhile team led by Mr. Nick Mwendwa whose term ended, have no mandate whatsoever in law to issue or execute decisions or run the daily affairs of FKF. This offends the provisions of Part B of the FKF Constitution, Article 8 of the FIFA Statutes and flies against the ruling issued by the Sports Tribunal on 17th March 2020,” the petition read in part.
The petition further upheld the tribunal;s ruling that the provisions of section 4 of the Electoral Code crafted by the NEC are unreasonable and designed to lock out potential aspirants and amounted to a gross violation of the principle of free and fair elections contemplated by Section 46 (6) of the Sports Act as read with paragraph (d) of the Second Schedule to the Act and Article 81 of the Constitution of Kenya 2010.
The petitioners also want FKF compelled to provide audited accounts during their tenure which they argued has not been forthcoming.
“The Football Kenya Federation (FKF) has, in disregard of the governance principles of accountability and the Sports Act, failed to provide audited accounts during their tenure,” they argued.
