Sports Registrar accuses FKF officials of lawlessness

Sports Registrar Rose Wasike has accused the current office holders of the Football Kenya Federation (FKF) of acting above the law by openly defying Parliament, the Judiciary, and the Executive.

In an 18-page letter to the FKF Electoral Board dated October 11, 2024, Wasike criticised the federation officials for failing to align the FKF Constitution and Electoral Code with Kenyan laws and instead “hiding” under FIFA Statutes.

She expressed disappointment at the insistence of some officials to seek a third term in office, despite having served two four-year terms, calling for investigations and barring these individuals from vying for the same or different positions.

Candidates seeking the post of president in Football Kenya Federation (FKF) elections, and their running mates will Monday afternoon submit nomination papers to the electoral board at Kandanda House in Nairobi for approval.

Prior to this, candidates eyeing the National Executive Committee (NEC) positions will also submit their nomination papers for consideration.

“Continuous resistance to comply and subject FKF to our national laws by the outgoing FKF officials is a slap to the Parliament of Kenya that passed the national laws, His Excellency the President who assented to the laws, plus the entire Government; being the main regulator and implementer of the said relevant laws,” Wasike lamented in the letter, which was copied to Cabinet Secretary for Sports Kipchumba Murkomen, Sports Principal Secretary Peter Tum, and Sports Disputes Tribunal (SDT) chairman John Ohaga.

She cited a High Court ruling in 2021 that affirmed FKF’s obligation to adhere to the Constitution of Kenya 2010, the Sports Act, and any other national law governing the country.

Wasike pointed out that it was absurd for FKF to have picked up 47 application forms from her office in 2019 to register the County Football Associations (CFA), but neither distributed them nor submitted them back for action.

The registration of CFAs is mandated by Section 47 of the Sports Act 2016, which requires all sports federations to register their County Sports Associations.

“The continuous refusal and failure to return the 47 application forms picked from the Sports Registrar’s Registry in 2019 and to recognise/admit the 44 County Sports Associations that were legally registered under section 47 of the Sports Act as FKF affiliates, while sidelining sports clubs that have registered under the Sports Act, leaves a lot to be desired,” said the Sports Registrar.

Regarding the amended 2019/20 Electoral Code, Wasike noted that the eligibility criteria are “discriminative,” blocking aspirants from outside and violating section 46 (6) of the Sports Act, which states that “all national sports organizations registered under this Act shall be open to the public in their leadership, activities, and membership.”

The FKF national elections are scheduled for December 7, following the county-level elections on November 9. According to the Electoral Code, candidates must possess a valid National Identification card or passport, submit a duly filled nomination paper, and have been involved in FKF matters as an NEC member, committee member, referee, coach, administrator, or football player for at least two of the last five years.

NEC aspirants must also be declared by three officials from three clubs eligible to vote from the county in which they are seeking an elective position, and they must not have endorsed any other candidate for the same position. Wasike argued that these requirements favor the current FKF office holders.

Without disclosing which positions they will vie for, current FKF president Nick Mwendwa and vice president Doris Petra have both indicated their intentions to seek a third term in office, despite having served two four-year terms since 2016. Immediate FKF Secretary General Barry Otieno has also declared his candidacy for the presidency.

Wasike criticised the FKF's non-reference to legally registered counties and clubs, asserting that this implies the clubs mentioned are not those registered under the Sports Act by the Sports Registrar, but rather those chosen at random by FKF as voters.

This, she said, goes against the government’s advice and the 2021 High Court ruling that requires all sports federations to comply with the Sports Act and relevant national laws.

She also took issue with FKF's voting eligibility criteria, stating that FKF insists on using unregistered entities in the form of branches, which were designated as administrative arms of the federation. Wasike urged FKF to utilize legally recognized and registered sports clubs and county associations as voters, as stipulated in the Sports Act.

She warned that failure to adhere to these requirements and the High Court ruling could lead to numerous court cases, jeopardising Kenya’s chances to host the 2024 African Nations Championship and the 2027 Africa Cup of Nations alongside Uganda and Tanzania.

“Adherence to the above provisions of the law will go a long way in ensuring peaceful and credible elections, avoiding complaints and court cases from stakeholders, and ultimately leading to the election of the right candidates, which is a sign of good governance in football,” said the Sports Registrar.

“It is not too late for FKF and the Electoral Panel/Board to save Kenyan football, correct any mischief that might have been caused knowingly or unknowingly, and ensure the outcome reflects good governance of FKF and football in Kenya.”