Mwendwa 'not eligible' to vie in upcoming FKF polls

The end to an era is looming at the Football Kenya Federation (FKF) after the government declared that its president Nick Mwendwa cannot vie for a third term in the eagerly anticipated national polls slated for later this year.

Also declared not eligible to vie, Nation Sport can exclusively reveal, are top officials in the football body who have served two four-year terms in their respective seats since 2016.

They include FKF deputy president Doris Petra, plus National Executive Committee (NEC) members Muriithi Nabea (Eastern), Joseph Andere (Nyanza) and Enos Kweya (Western).

In a four-page letter to the federation dated January 30, 2024, Sports Registrar Rose Wasike said:

“Therefore, the role of the officials whose terms have expired will be to ensure FKF elections are held according to the Constitution of Kenya 2010, the Sports Act, Sports Registrar Regulations, and any other relevant law and thereafter hand over the office to the newly elected officials.

The Sports Registrar explained that the Sports Act barred any sports official from serving in the same office for more than eight years.

 “… the Second Schedule to the Sports Act provides for the term of office for elected officials as four years and one further term of four years;” said Wasike.

“Hence it means that since FKF was first registered on July 29, 2016, (copy of interim certificate attached) the current officials of FKF will complete their two terms of office on July 29, 2024, and will therefore not be eligible to vie in the upcoming elections.”

Wasike clarified that there exists a precedent in the Kenyan courts.

“This was ascertained by the Sports Disputes Tribunal (SDT) in SDTSC NO.E034 OF 2022 where the Tribunal declined to allow the 2nd and 3rd Respondents from vying. Therefore, the role of officials whose terms of office have expired will be to ensure the FKF elections are held as per the law and thereafter handover office to the newly elected officials.”

Wasike further warned FKF General Secretary Barry Otieno, to whom the correspondence, which was copied to Sports Cabinet Secretary Ababu Namwamba and Principal Secretary Eng. Peter Tum, is addressed, not to flout the elections rules “as was the case during the previous polls in 2020.”

“Failure to adhere to my advice will leave me with no other option other than to reject or cancel the election returns that will be filed in my office as before which might once again lead to various legal tussles.”

Alternatively, the Sports Registrar said she would advise the CS to remove the officials whose terms will have ended to prevent them from conducting an illegal election.

Wasike, who threatened to deregister FKF for “failing to follow the laws” last September, appears to be reading from the same script as Mr Namwamba, who last week warned sports administrators from overstaying in office.

“Why is it so difficult to follow the Sports Act?” posed Namwamba at a strategy meeting with representatives from all sports bodies.

Experienced football administrator Twaha Mbarak, who has indicated his interest in the football election, supported the CS in following the Sports Act.

“Federations have repeatedly violated the Sports Act to exert influence on the electoral process. This gives the incumbent an unfair advantage over their rivals on election day,” said Mbarak. 

“Obey the term limits, even the President (William Ruto) obeys the term limits. Some of you worked with (former presidents) Moi, Kibaki, and Uhuru and are still in office. Your time is up. We will not compromise national interest because you are threatening us with a ban from a national federation.”

Mwendwa’s eight-year term at FKF has been punctuated by allegations of corruption and abuse of office that have led to court cases against him.

A businessman with interests in Technology, Mwendwa is also on the spot for the loss of an Sh135 million grant from football’s world governing body Fifa, meant for the purchase of an Outside Broadcasting (OB) Van to commercialise football in 2020.

Mwendwa has also struggled to work with the government as envisaged in consistent fallouts with former Cabinet Secretary Amina Mohamed leading to a Fifa ban, and ex-PS’s Kirimi Kaberia and Joe Okudo, while the men and women national teams posted average returns on the pitch.

The youthful administrator, who’s also fallen out with a section of his Executive Committee, is yet to publicly declare his candidature amid suggestions by insiders he has strongly considered backing Mr Otieno, a former journalist and close ally, as his successor.

An FKF Annual General Meeting has been called for March 16 to discuss election timelines and guidelines including the controversial 2020 electoral code.

Former president Sam Nyamweya, Extreme Sports Chief Executive Hussein Mohammed, plus ex-footballers Macdonald Mariga, Harold Ndege, and Samuel Owino ‘Kempes have declared their interest in vying for the top seat.