FKF to wait longer for AGM as Fifa monitors situation

Friday, April 5th, 2024 00:15 | By
FKF president Nick Mwendwa (left) takes a selfie with federation delegates during a past AGM in Nairobi.
FKF president Nick Mwendwa (left) takes a selfie with federation delegates during a past AGM in Nairobi. PHOTO/Rodgers Ndegwa

Despite a recent warning by the world governing body FIFA that Kenya risks sanctions if the Football Kenya Federation (FKF) does not proceed with its Annual General Meeting (AGM) and set up a date for elections, a High Court in Mombasa has disobeyed the same and postponed the case classified as urgent to April 10.

In a court ruling on Thursday, the High Court granted a stay order in the case challenging the legality of FKF and thus stopped its officials from convening an AGM for the second time. This means that the federation will have to wait until Wednesday next week to know if they can call for an AGM or not.

“I am satisfied that the application is merited and allowed,” ruled Justice Olga Sewe, and in the process suspending any hopes of FKF proceeding with the AGM. FKF had through senior counsel Eric Mutua made an application seeking to appeal against the suspension of the AGM.

FKF were due to hold their AGM on March 16, 2024 but a day before the exercise sports journalist Milton Nyakundi moved to court challenging the legality of the office bearers to convene the same. Through the Mombasa High Court, Nyakundi was granted an order to stop the exercise and this drew the ire of FIFA, who in a letter sent to FKF CEO Barry Otieno warned of dire consequences should third-party interference continue to delay the exercise.

The Fifa letter read in part: “As a result, and irrespective of the outcome of the hearing to take action on March 18, 2024, Fifa takes the view that any further attempt by a third party to prevent the FKF AGM from taking place might be considered a violation of to the above-mentioned principle which would oblige our institution to bring the matter to the attention of relevant Fifa bodies for consideration of possible sanctions in line with the statutes.

“Given the foregoing, the FKF is directed to conduct its AGM soon and to continue working towards conducting the FKF elections later this year.”

With the latest decision by the court to give a stay order, it means FKF are yet to meet FIFA’s demands in the letter and this could invite sanctions. In February last year, Fifa suspended Kenya from all its operations following the decision by former Sports Cabinet Secretary Amina Mohamed to pressure out-of-office FKF officials led by President Nick Mwendwa over corruption charges on November 11, 2021,

The suspension lasted for nine months before it was lifted following the intervention of new Cabinet Secretary for Sports Ababu Namwamba, a few weeks after assuming office.

The AGM is supposed to ratify the FKF Electoral Code (2020) which was part of the resolutions passed by FKF’s National Executive Committee (NEC) on January 6, 2024, ratify the Electoral Board, set dates for the upcoming elections as well as discuss the financial report.

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