Uncertainty over FKF SGM legitimacy as top club says branch delegates term is expired

The planned Football Kenya Federation Special General Meeting may not take off after it emerged that the term of 40 branch officials expected to attend came to an end on Sunday, two days prior to the meeting.

It is also emerging that the federation contravened its own constitution in calling for the meeting by ignoring the 14-day notice requirement in calling for an SGM.

At the same time, the term of the national executive committee ends on 10 February.

FKF has called for an SGM at the Safari Park on Tuesday to plan for the federation elections.

In November, the Sports Disputes Tribunal nullified the previously held elections, and tasked the federation to plan for a proper, transparent, free, fair and all-inclusive elections.

Members and stakeholders of Kenyan football have already petitioned the federation that it will be an act of illegality should the federation go ahead and hold the SGM on 28 January with the branch officials in attendance.

The federation has also been caught in a tight corner for breaking its own constitution in calling for the 28 January SGM.

A letter to the FKF from one of its members, a top club in the league, stated: “ That on or about the 16 January 2020 you dispatched by way of email a notice of Special General Meeting which is scheduled to be held on Tuesday, January 28, 2020 at Safari Park Hotel.

“We wish to bring to you attention that the said notice of the (SGM) meeting is in contravention of Article 31 (4) of the FKF constitution 2017 which requires that the notice should be sent 14 days prior to the meeting.”

The letter addressed to the federation secretary general further stated:

“That the term of the 40 FKF branch officials representing the 20 FKF branches for four years comes to an end on January 26, 2020 having been elected in office on January 26, 2016. Therefore the 40 officials from the 20 branches listed to attend the SGM of January 28 by virtue of the fact that their term will have expired and therefore any business or deliberations by them at the SGM will be null and void.”

In effect the meeting to have no quorum since even coaches and referees have been barred from attending the meeting for failing to hold elections. Only 36 delegates will be eligible to attend the meeting.

“Based on the issues raised, the SGM of January 28, 2020 cannot transact procedurally and legally due to the fundamental and procedural branches of FKF statutes,” the club stated in its letter.

The club now wants the SGM of 28 January called off and a dispute resolution mechanism put in place to chart the way forward.