Mbarak blasts Mwendwa for misleading public on belated elections
Former Football Kenya Federation (FKF) Vice President Twaha Mbarak has accused outgoing President Nick Mwendwa of insincerity by declaring that stakeholders are the bottleneck to belated polls by taking the matter to the corridors of justice.
Mbarakl told Mwendwa to crosscheck his facts, saying that they are bordered on misleading the public even as he accused him of trying to gag the Sports Registrar Rose Wasike into breaking the law as pertains the exercise.
“The former FKF President (read Nick Mwendwa) has consistently misled the public that stakeholders have derailed the federation elections by taking the matters to court while in essence, he is the one who keeps on taking the matters to the Sports Dispute Tribunal in an attempt to gag innocent and sincere public servants such as Wasike and push her to break the laws of the land and threatening her with FIFA ban which is a total misconception of the reality of things,”
Mbarak noted with concern that on July 7, 2020, Mwendwa wrote a letter to the Registrar warning her against registering county football associations despite the fact that it was a prerequisite in the Sports Act and especially in the clauses therein.
‘’On 7th of July, 2020, he (Mwendwa) wrote a letter to the registrar warning her against registering County Football Associations which she was doing in compliance with the Sports act 2013.
Added Mbarak: “ Section 46 Part 2 of the Act states that the ‘Registrar shall register sports organizations as either (a) a sports club; (b) a county sports association; or (c) a national sports organization’.
This proves that his letter is baseless and misleading because even Article 1 section 1 of the FKF constitution 2017 states that ‘Football Kenya Federation (FKF) is an organization of an associative nature registered in Kenya in compliance with the Sports Act No. 25 of 2013 as a National Sports Organization,’’
Mbarak noted that with this and a further quote of Article 11 section 1, the federation confines itself to the rule of law and which must be observed to the letter.
“It has also to be noted that Article 11 section 1 of the FKF Constitution 2017 defines the FKF Members as a) The FKF Premier League Clubs; b).
The FKF National Super League Clubs; c) The FKF National Division One League Clubs; d) The FKF Division Two League Clubs; e) The 48 Counties of FKF; It is misleading therefore for him (Mwendwa) to refer to the Counties as branches because branches don’t appear anywhere in the FKF constitution,”
In a thinly veiled attack on Mwendwa, Mbarak accused him of bankrolling desperate officials, who were seeking for elective seats earlier in vain, to take football mattes to court against Fifa rules.
“ Mwendwa is taking advantage of ignorant and desperate former FKF Branch officials who failed to deliver on their mandates and fear defeat in the forthcoming elections; by sponsoring them to take football matters to ordinary courts against Article 69 section 1 of the FKF Constitution 2017 on Disputes Resolutions.
Mbarak cited another case on the 16th June, 2020, when Mwendwa allegedly Former FKF South Coast Chairman Gabriel Mghendi and his Secretary; Lilian Nandudu to ignorantly sue the Chief Justice of Kenya, the Chief Registar of the Judiciary and th Honorable Attorney General.
Mghendi and Nandudu, Mbarakl claims, were allegedly arm-twisted while being threatened of being threatened of being dropped from Mwendwa’s line-up of Team Blue if they failed to toe the line.
“He (Mwendwa) sponsored other desperate officials to launch similar cases in Kericho and Murang’a. However, all the cases were consolidated and are scheduled to be heard in Nairobi,” said Mbarak.
The official further said it is hypocritical for Mwendwa to call FKF officials who were genuinely elected in 2015 and managed to comply with the Sports Act 2013 as non-members.
He believes that genuine FKF members must be his sycophants. He needs to wake up to the reality that sports is a devolved function and he can never therefore dictate to FKF members on the running of football activities in their counties and that everybody including him are not above the law.