Parliament summons Mwendwa as Fifa gives nod to investigate FKF

Nick Mwendwa

Football Kenya Federation President Nick Mwendwa during the unveiling of the national team's new partner on October 9, 2021.

Photo credit: Sila Kiplagat | Nation Media Group

What you need to know:

  • By engaging Fifa, the government may have just killed two birds with a stone -- saving the country from being banned from competing in international football as well as saving football in the country from mismanagement. 
  • According to Fifa rules governing football federations in its member states across the globe, governments are not allowed to interfere with the management of federations, considered private football bodies in their respective countries. 

A parliamentary committee has summoned Football Kenya Federation (FKF) President Nick Mwendwa to shed light on allegations of irregularly pocketing Sh11 million in allowances from the federation’s accounts. 

At the same time, the Directorate of Criminal Investigations (DCI) has moved into the FKF premises to investigate claims of embezzlement and misappropriation of Sh244.59 million, part of budgetary support from the national government. 

The Registrar of Sports is also expected to audit the affairs of the federation following a directive from Sports and Heritage Cabinet Secretary Amina Mohammed on October 15.

This directive was given a day after Mwendwa lost a legal bid in the High Court to stop the DCI from investigating, arresting and prosecuting him for misappropriation of federation finances.

The amount Mwendwa is accused of illegally pocketing is part of the Sh244.59 million drawn from the Sports Arts and Social Development Fund (SASDF), a publicly funded kitty, to cater for preparations of the national team Harambee Stars during the 2019 Africa Cup of Nations (Afcon).

“It will be good for this committee to hear from Mr Mwendwa on where he took the money and why he did it without the requisite documents and authorisation,” said Ugunja MP Opiyo Wandayi Tuesday.

Wandayi chairs the Public Accounts Committee (PAC) of the National Assembly that is considering the accounts of the Sports department for the 2019/20 financial year as reported by Auditor-General Nancy Gathungu. 

Sports Principal Secretary Joe Okudo, who welcomed the committee’s summoning of Mwendwa, said that the DCI moved into the FKF premises after the World Football governing body- Federation of International Football Association (Fifa), gave a go ahead following a series of petitions from the government. 

“We have been engaging Fifa to allow us to move in and help have proper structures at the FKF. Now that Fifa has allowed us, we will ensure proper management of football in this country,” Mr Okudo told PAC. 

“The committee’s summoning of Mr Mwendwa will help our course to ensure accountability in the management of football in the country,” the PS added. 

Among the issues the DCI is investigating is the FKF’s double requisition of funds from the government and Fifa on the same budget items. 

Irregularities on the number of officials and team members who travelled to France, Spain and Egypt with the national team during the qualification campaign and their roles and violation of electoral laws as provided for in the Sports Act and SASDF regulations are also to be investigated. 

The audit report notes that Sh57 million, part of the Sh244.59 million paid in allowances and bonuses to Harambee Stars players and the technical bench who travelled for Afcon camps in various countries, were not supported by approved rates. 

“Bank statements and cash books were not availed for audit review to confirm amounts transferred to the bank for payments,” the audit report notes. 

By engaging Fifa, the government may have just killed two birds with a stone -- saving the country from being banned from competing in international football as well as saving football in the country from mismanagement. 

According to Fifa rules governing football federations in its member states across the globe, governments are not allowed to interfere with the management of federations, considered private football bodies in their respective countries. 

Interestingly, the football associations get funding from their governments which they accept with open hands. 

Governments that have defied the Fifa rules have seen their national teams banned from international football.

This is a consequence that the federations have exploited to evade the questions of accountability. 

FKF being one such a private body has been rushing to court and getting injunctions whenever questions of accountability in the management of public funds have been raised. 

But Okudo said Mwendwa can no longer run and hide. 

If found culpable, Mwendwa and other FKF senior managers involved in the embezzlement and misappropriation of public funds run the risk of a jail sentence. 

“We got the go ahead from Fifa. That is why we have also requested the auditors from the Kenya National Audit Office and the private sector to audit the FKF funds,” the PS told the committee. 

The report of the Auditor-General notes the Sh244.59 million was not utilized by FKF in accordance with the law. 

Documents presented to PAC by PS Okudo shows that efforts to have the DCI investigate FKF started way back in 2019. 

A letter by Florence Amoit on behalf of the Sports PS mentions the Sh240 million released to FKF by the government for the national team Harambee Stars for preparation and participation in the 2019 Afcon championship. 

“While the DCI progresses with the investigations, it is prudent for the State Department to establish the veracity of the allegations as is required by the Sports Act and the SASDF regulations,” says Ms Amoit in the December 10, 2019 letter.

Journalist Milton Nyakundi has also pursued accountability by the federations through the court system, even alerting Banking Fraud Investigation Unit (BFIU) over suspicions transactions between the federations and its president.