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High Court allows caretaker team to continue running football
Former Football Kenya Federation President Nick Mwendwa at the Milimani Law Courts on November 30, 2021 where he was charged with four counts of fraud.
What you need to know:
- Mwendwa has since handed over his duties to FKF vice president Doris Petra.
- This came hot in the heels of his arraignment in court with four counts of corruption involving Sh38 million.
- Mwendwa was released on a cash bail of Sh10 million. The case will be mentioned on December 20, 2021 for pre-trial directions.
The High Court has allowed the Football Kenya Federation Caretaker Committee appointed by Sports Cabinet Secretary Amina Mohamed to continue with the task.
On Tuesday, Justice Hedwig Ong’undi declined to restrain the Justice (retired) Aaron Ringera-led caretaker committee from discharging its mandate pending the hearing and determination of a case filed by Football Kenya Federation (FKF).
FKF has challenged the legality of the committee, alleging it is an illegal outfit which is not recognised by the world football governing body Fifa.
FKF’s lawyers Eric Mutua, Charles Njenga, Silvia Matasi and Victor Omwembu had urged Justice Ong’udi to allow the Nick Mwendwa-led FKF to oversee football matters in the country.
Mutua had argued before court that the 15-member committee comprising Justice Ringera, Moses Oyugi (vice chairman), Fatma Adan , Michael Muchemi (secretary) and Linda Ogutu (head of secretariat) is illegally running local football affairs.
FKF, the judge heard, is the only body recognised by Confederation of African Football (Caf) and Fifa to manage football activities in the country.
However, the Sports CS and Sports Registrar Rose Wasike defended the appointment of the caretaker committee, saying they are mandated by law to intervene whenever mismanagement of football crops up.
When the case was mentioned Tuesday virtually before Justice Ongudi for directions, she declined to grant any interim reliefs and ordered status quo to prevail until the matter is determined.
This means the Ringera’s led committee will continue with its work.
“Having looked at the application for conservatory orders and the main petition, I have found they both raise the same issues and arguments which need to be canvassed at the main hearing,” said Justice Ong’udi.
The judge proceeded to order all the parties to file written submissions within 14 days.
She ordered the case to be mentioned January 17 2022 to take a date for final judgement.
Ms Mohamed and the Registrar are represented in the case by a state counsel Thande Kuria.
FKF has named the CS Sports (Mohamed) , the Registrar Sports, the Caretaker Committee and the Attorney General as respondents.
Ms Mohamed disbanded FKF committee November 11, 2021 and put in the Ringera Committee.
A day after the FKF President Nick Mwendwa was arrested over alleged misappropriation of football funds.
Mwendwa has since handed over his duties to FKF vice president Doris Petra.
This came hot in the heels of his arraignment in court with four counts of corruption involving Sh38 million.
Mwendwa was released on a cash bail of Sh10 million. The case will be mentioned on December 20, 2021 for pre-trial directions.
