FIFA threat: Mixed reactions as scribe maintains stance on FKF

Kenyan football stakeholders have expressed their reactions to the letter from world football-governing body – FIFA – that threatened Kenya with a ban following the abortion of the ordinary Annual General Meeting that was scheduled for 16 March 2024.

The letter, dated 26 March 2024 addressed to CEO Barry Otieno, was signed by FIFA Chief Member Associations Officer Kenny Jean-Marie, who said the world body would consider a ban for Kenya due to the many court cases currently before “ordinary courts of law”.

In a rejoinder, several stakeholders have expressed their views on the letter which also directs that the AGM be held as soon as possible to ensure the long-overdue elections are held before the end of this year.

Journalist Milton Nyakundi was critical of the letter, saying “that this directive is tantamount to FIFA encouraging anarchy through willful disobedience of court orders, which is punishable by law.”

“It is not only disrespectful to the sovereignty but is also derogatory, demeaning and an insult to the integrity and intelligence of the Kenyan people and the institutions they have established for themselves for their good governance, advancement of the rule of law and guarantee justice for all.”

Nyakundi, who had obtained the injunction stopping the AGM in response to a case by Coast Region NEC Member Gabriel Mghendi, reiterated that the Normalization Committee was the only solution to the current stalemate, admonishing Jean-Marie for threatening to suspend Kenya “instead of sanctioning the individuals culpable for violating the cited provision of the FIFA Statutes”.

“[…] tantamount to burning down a whole house merely because you found a few rats in there instead of getting rid of the rodents using mechanisms that preserve the house after which you can sanitize the house and make it fit-for-purpose and habitable again.

“This approach to dealing with the mess occasioned at Kandanda House by the failed Nick Mwendwa administration is unacceptable.”

Others who have weighed in on the matter include FKF presidential aspirant Hussein Mohamed, former president Sam Nyamweya, the Nairobi County Football Association secretary Wilfred Marori, who is also a referee. Bandari vice chairman – Twaha Mbarak – also eyeing the Kandanda House presidency has also come out guns blazing against the FIFA letter.

Nyamweya, a well-known ally of Nyakundi’s, has taken a different view by calling for the parties to withdraw the court cases and allow the AGM to pave the way for elections.

“FKF took the Sports Dispute Tribunal to Mombasa and Kiambu to get gagging orders and they were also taken to court. Let us withdraw all the cases because it is against the Fifa statutes,” said Nyamweya, who agrees with Nyakundi that his (Nyamweya’s) successor (Mwendwa) is not eligible to defend his seat.

“The big issue of Mwendwa wanting to stand for a third term is nonsense because he is ineligible. Let the law be followed and a free and fair election is held.”

Hussein, on his part, called for urgent and deliberate efforts by all stakeholders to guarantee free and fair FKF elections as soon as possible in order to avoid FIFA sanctions.

“I fear that the current impasse will inevitably plunge the game back into the depths of anarchy we have never seen before,” said Mohamed in a statement to the media.

“It’s time to say enough is enough with the mismanagement of our beautiful game.”

Marori supports Nyamweya on withdrawal of the cases and also backs Nyakundi’s stance that “it is in the best interest of Kenyan football that FIFA engages with the government so as to agree on and execute modalities to have a Normalization Committee in place as soon as possible”.

He is, however, cautioning against trusting the FKF parties from withdrawing the cases.

“What they are afraid of is that the SDT will proceed with the contempt of court ruling which has a high chance of confirming their removal from office and ordering the CS for Sports to form a committee in accordance with Section 54 of the Sports Act 2013 and the culprits could be jailed for six months for defying court orders,” he said.

Twaha takes a more radical view in line with Nyakundi’s position that the law must be followed.

“Are FKF above the laws of Kenya and can take orders from FIFA to ignore the court ruling,” posed Mbarak.

“This is arrogance of the highest order by FIFA to the Kenya constitution.”

In a bold statement, dated 27 March 2024 and copied to Sports Cabinet Secretary, FIFA, CAF and CECAFA, Nyakundi was unequivocal in calling out FIFA’s attitude towards Kenyan laws, something he equates to blackmail.

“The Kenyan people refuse to be blackmailed with the suspension threat for demanding that the rule of law be followed in letter and spirit and they will resist any attempt to sacrifice greater national good on the altar of the interests of a few selfish individuals acting in cahoots with evil cartels at CAF and at FIFA, who have nothing to do with Kenya’s best football interests.

“We will not relent in our quest to have FIFA and CAF uphold respect for Kenyan laws as binding instruments that bear the letter and spirit of the aspirations of our people to have a society that is fair, balanced and just for all. Indeed, we will leave no stone unturned and no legal option uncharted in this regard.

“For the avoidance of the doubt, Kenyan football stakeholders maintain that the Nick Mwendwa administration was duly removed from office by operation of the law in November 2021 and the Sports Act does not provide any way back to office for any individual so removed other than by way of elections.”

Below is Nyakundi’s statement in full:

27th March, 2024

Press release

Response to FIFA letter dated 26th March 2024

On Wednesday, 27th March 2024, football stakeholders in Kenya woke up to a letter from world football-governing body – FIFA – in response to the stayed Annual General Meeting of Football Kenya Federation that had been scheduled for last Saturday, 16th March 2024.

In the said letter, which has caught my attention and whose contents I have read with great dismay, the author – one Kenny Jean-Marie (FIFA’s Chief Member Associations Officer) is threatening Kenya with a possible suspension on account of violation of Article 19(1) of the FIFA Statutes.

To wit, Mr. Jean-Marie is claiming that the High Court Order issued in Mombasa on 15th March 2024 is equivalent to third-party interference in the affairs of FKF and is now directing the federation to hold its AGM to pave the way for elections before the end of this year (2024).

I wish to state, without any fear of contradiction, that this directive is tantamount to FIFA encouraging anarchy through willful disobedience of court orders, which is punishable by law. It is not only disrespectful to the sovereignty but is also derogatory, demeaning and an insult to the integrity and intelligence of the Kenyan people and the institutions they have established for themselves for their good governance, advancement of the rule of law and guarantee justice for all.

Football stakeholders are watching keenly to see how this directive will be adhered to, in the present circumstances, and I hereby state that:

The directive fails to appreciate the basic principles of law that court orders must be obeyed at all times and anyone acting in contempt will punished as provided in the laws of Kenya
The author of the letter from FIFA is arrogating themselves power that they do not have, in law and in fact, to purport to give directives on the convention of an AGM of FKF which is subject to meeting mandatory requirements of Kenyan law, including but not limited to, the Sports Act 2013 and the Sports Registrar’s Rules & Regulations 2016, among other Statutes
Mr Jean-Marie is exercising selective amnesia in suggesting they do not know who the culprits of taking matters to ordinary courts of law are yet in my letter dated 19th March 2024, I clarified that, contrary to rhetoric out there, the Judicial Review Application (Mombasa JR/E001/2024) which led to the injunction that stopped the AGM was filed by Mr. Gabriel Mghendi – the NEC Member for Coast Region on the instructions of Mr. Nick Mwendwa soon after a similar one had failed to obtain similar orders at the High Court in Kiambu JR/E003/2024 filed by impeached NEC Member for Central Region, Davis Chege.
The said AGM of FKF can only be held once all the legal requirements have been met to the satisfaction of all stakeholders, including the government of the Republic of Kenya and all other persons (natural or otherwise) with legitimate interests in the game of football within the boundaries of the Republic of Kenya
Threatening to ban Kenya instead of sanctioning the individuals culpable for violating the cited provision of the FIFA Statutes is tantamount to burning down a whole house merely because you found a few rats in there instead of getting rid of the rodents using mechanisms that preserve the house after which you can sanitise the house and make it fit-for-purpose and habitable again. This approach to dealing with the mess occasioned at Kandanda House by the failed Nick Mwendwa administration is unacceptable.
The Kenyan people refuse to be blackmailed with the suspension threat for demanding that the rule of law be followed in letter and spirit and they will resist any attempt to sacrifice greater national good on the altar of the interests of a few selfish individuals acting in cahoots with evil cartels at CAF and at FIFA, who have nothing to do with Kenya’s best football interests.
We will not relent in our quest to have FIFA and CAF uphold respect for Kenyan laws as binding instruments that bear the letter and spirit of the aspirations of our people to have a society that is fair, balanced and just for all. Indeed, we will leave no stone unturned and no legal option uncharted in this regard.

For the avoidance of the doubt, Kenyan football stakeholders maintain that the Nick Mwendwa administration was duly removed from office by operation of the law in November 2021 and the Sports Act does not provide any way back to office for any individual so removed other than by way of elections.

We reiterate that Mwendwa is is not eligible for reelection and, even if anybody was to try make a case for his NEC to remain in office for purposes of organising elections, the football stakeholders and the people of Kenya have no confidence in the impeached team and there is a serious trust deficit that they have any conscience whatsoever to do the right thing in whatever circumstances.

From the foregoing, it is in the best interest of Kenyan football that FIFA engages with the government so as to agree on and execute modalities to have a Normalisation Committee in place as soon as possible, pursuant to Article 8(2)of the FIFA Statutes, read together with Section 54(2) of the Sports Act 2013 and other enabling provisions of Statute and Regulations.

Milton Nyakundi Oriku,

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