FKF boss Nick Mwendwa files court appeal over AGM stalemate
Delegates during FKF elections at Safari Park Hotel in Nairobi on October 17, 2020. High Court has stopped the eagerly awaited Saturday March 16 FKF AGM.
What you need to know:
- Mwendwa, alongside his vice-president Doris Petra, and FKF Chief Executive Barry Otieno filed the appeal after expressing dissatisfaction with the judicial review.
- Fifa recently warned that Kenya risks sanctions if FKF does not proceed with its AGM and set up a date for elections.
Despite a recent warning by Fifa to keep football matters off the courts, Football Kenya Federation (FKF) president Nick Mwendwa has lodged an appeal against a court decision that temporarily halted the sports body’s Annual General Meeting (AGM).
Express dissatisfaction
In court papers seen by Nation Sport, Mwendwa, alongside his vice-president Doris Petra, and FKF Chief Executive Barry Otieno filed the appeal after expressing dissatisfaction with the judicial review.
Also included in the appeal, dated April 11, is FKF’s Electoral Board.
“Being dissatisfied with the ruling and order of the Court (Honourable Justice Olga A. Sewe) delivered on April 4, Appeal against the whole said ruling,” read part of the Appeal filed by Senior Counsel Eric Mutua.
The Appeal comes ten days after the High Court sitting in Mombasa ruled that the federation’s AGM be halted albeit temporarily pending determination of a case filed by Sports journalist Milton Nyakundi.
Legality of FKF
The court granted a stay order in the case challenging the legality of FKF and thus stopping its officials from convening an AGM for the second time inside a month.
“I am satisfied that the application is merited and allowed,” ruled Justice Olga Sewe.
Fifa recently warned that Kenya risks sanctions if FKF does not proceed with its AGM and set up a date for elections.
War of words
FKF were due to hold their AGM on March 16 only for the meeting, which was preceded by a war of words and threats on whether Murang’a Seal vice-chairman Hussein Mohammed and his Bandari FC counterpart Twaha Mbarak should attend on not, halted by the said court order.
The court's actions irked Fifa who’ve warned of third party interference and the risk of a possible suspension from international activities.
The warning comes barely a year after Kenya was banned for a year by Fifa over the move by former Sports Cabinet Secretary Amina Mohamed to disband FKF.
Ms Amina's actions were overturned by his successor Ababu Namwamba.
“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,” read part of Fifa's letter addressed to Otieno.
Election timelines and guidelines
Among other matters, FKF’s AGM is aimed at agreeing on the timelines and guidelines for the elections scheduled for October 2024.
The government, through the office of the Sports Registrar, has asked Mwendwa and Petra not to seek re-election on the basis that they have already served for two-four year terms as per the Kenyan law.
