Four Football Kenya Federation presidential aspirants have come up strongly to condemn the outgoing office led by incumbent Nick Mwendwa.
The four, Nicholas Musonye, Sammy Sholei, Twaha Mbaraka and Omondi Aduda said the federation has no legal mandate to oversee football activities in the country.
The quartet say the current regime came into office claiming to be ‘Football Messiahs’ but have gone to spoil everything including engagement in corrupt deals as well as fraudulent activities.
State agencies like the Directorate of Criminal Investigations have been urged to investigate the outgoing office for possible criminal actions.
Here is the full statement as obtained by SPORTS AFRICA.
“The charade by the purported leadership of the Football Kenya Federation has come to a resounding nought.
“Let us first express our sincere gratitude to the registrar of Sports, the Sports Disputes Tribunal and the Kenyan courts for upholding the constitution of Kenya 2010 Sports Act and Fifa statutes by pronouncing themselves on the need for an all-inclusive, transparent and legitimate electoral process. Emphatically, the rulings by the Sports Disputes Tribunal and most recently by the courts in Mombasa and Kericho give way for the next steps in the governance of the country’s most popular sport.
“Kenyan Football has been hijacked by a few corrupt and inept individuals, who at the very beginning were masters of disguise, masquerading as Football Messiahs yet at the very best diabolical execution of leadership of football in the country.
“This lot has, with impunity and unrivalled greed, put their personal interests over those of talented footballers, coaches, match officials, sports media entities, sponsor organization & corporates and the passionate fans.
“The Sports Disputes Tribunal, in its nullification of the sham FKF elections on two occasions, declared the term of the National Executive Committee (NEC) ended on the 10th February 2020 and the mandate of the sub-branch and the branch officials ended on January 26th 2020. Subsequently, there was a ruling by the Sports Disputes Tribunal dated 17th March 2020, which declared that the NEC’s term had come to an end having failed to conduct elections in line with the provisions of the Sports Act and Article 38 and 81 of the constitution of Kenya.
“To put in context the impact of the charades by the erstwhile team, the nod to commence the new season mandated by Fifa and Caf might not be affected due to absence in the office of a legitimate and duly elected National Executive Council (NEC) whose ambit is among other things, the determination of the start and close dates of the football calendar of activities and the constitution of two crucial committees in the running of football in the country namely, the Players Status Committee and the Leagues & Competitions Committee.
“Further, with the impending lapse of the contract of the Kenya Premier League (KPL) in September 2020, the lack of a legitimate and duly elected NEC to deliberate, appraise and issue direction on the matter would occasion a vacuum with respect to the running of the country’s elite league.
“In the same scale, the current leadership team whose term ended, have no mandate whatsoever in law to issue or execute decisions or run the daily affairs of FKF thus offending the provisions of Part B of the FKF Constitution, Article 8 of the Fifa statutes and flies against the ruling issued by the SDT. This implies that FKF currently has no Finance Committee to prepare budgets and expenditures
“To this end, the lack of a legitimate and duly elected NEC means no approvals to incur expenses by the secretariat. It is also worth noting that FKF has, in disregard of the governance principles of accountability of the Sports Act, failed to provide audited accounts during their tenure.
“The SDT held that the provisions of section 4 of the Electoral Code crafted by the NEC are unreasonable and designed to lock out potential aspirants and amounted to a gross violation of the principle of free and fair elections contemplated by section 46(6) of the Sports Act (2013) as read with paragraph (d) of the Second Schedule to the Act and Articles 38 and 81 of the constitution of Kenya 2010.
“In light of the glaring alleged cases of impunity and illegalities, we wish to draw the attention of:
“The ethics and Anti-corruption Commission, the Director of Public Prosecutions and the Directorate of Criminal Investigations: to institute investigations and consequent prosecution of those engaged in theft of public resource and governance malpractices
“The Registrar: to invoke section 52 of the Act and institute an inspection of the books of FKF and submit the inspection report to the CS.
“The CS of Sports Ambassador Amina Mohammed: noting that the files on the misgivings of FKF having been forwarded to her office, that distinguished CS, having promised to make public the audit report of FKF accounts, do so.
“SDT: To continue the Stakeholders’ Round-table meeting which was covered under Article 59 to agree on a road-map to elections of FKF.
“Sponsor and Corporates: to be careful, refrain and exercise extreme caution in their dealings with the current illegitimate office.”