High Court: FKF disbandment was legal

Nick Mwendwa

 Former Football Kenya Federation president Nick Mwendwa.

Photo credit: Sila Kiplagat | Nation Media Group

What you need to know:

  • Justice Hedwig Imbosa Ong'udi said the petition lacked merit and directed that disbanded body be served with the Sports Registrar report.

Football Kenya Federation (FKF) officials, who were ousted last year, Tuesday suffered a blow in the quest to get back to the office after the High Court found that Sports Cabinet Secretary Amina Mohamed acted within her mandate to disband the federation and form a caretaker committee.

Lady Justice Hedgwig Imbosa Ong’udi in her ruling dismissed the petition and defended the CS, saying the federation is subject to the Kenyan constitution, Sports Act and the laws of Kenya.

“The Cabinet Secretary acted within her mandate under the Sports Act to appoint a caretaker committee. The Petitioners were accorded an opportunity to be heard and the Inspection Report was carried out in accordance with the law,” said Ong’undi in her ruling.

The CS ordered an inspection of FKF accounts on October 15, whose report released two weeks later revealed massive financial misappropriation and formed the basis of disbanding the federation.

“The Sports Registrar is directed to serve the Petitioners with the Inspection Report within 14 days. The Petition lacks merit and is hereby dismissed,” she added.

On December 8 last year, the High Court allowed Football Kenya Federation’s (FKF) Caretaker Committee to continue managing football activities, at least on an interim basis pending the hearing and determination of the case.

This was after former FKF President Nick Mwendwa went to court challenging the formation of the committee following the decision by Mohamed to disband the federation and put in place a caretaker committee on November 11.

Through lawyers Eric Mutua, Charles Njenga, Silvia Matasi, and Victor Omwembu, FKF then asked Justice Ong’udi to allow the disbanded administration to resume office.

 Mutua said that FKF is the only body recognized by the Confederation of African Football (Caf) and Fifa to manage football activities in the country.

He claimed that the 15-member committee comprising retired Justice Ringera, Moses Oyugi (vice-chairman), Fatma Adan, Michael Muchemi (secretary), and Linda Ogutu (head of the secretariat) was illegally managing football affairs in the country.

Mohamed, the Registrar Sports, the Caretaker Committee, and the Attorney General were named as respondents in the case.

The ruling came on a day the caretaker committee's mandate ended after taking charge of the country’s football for the last six months.

They handed their report to Mohamed at Moi International Sports Center Kasarani.

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