High Court stops eagerly awaited FKF AGM as delegates draw battle lines
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.
The High Court in Mombasa has suspended Saturday’s Football Kenya Federation (FKF) Annual General Meeting (AGM) after sports journalist Milton Nyakundi questioned its legality and the capacity of the convenors to call for it.
Nyakundi informed the court that the capacity of the convenors of an AGM must never be put to question lest the outcome of meeting is rendered illegal.
According to Nyakundi, the National Executive Committee, which called for the AGM was removed from office on July 19, 2022 and the officials, therefore, lack the capacity to organise the AGM.
Justice Olga Sewe certified the application as urgent and directed Nyakundi to serve the court papers on all the respondents including several sports associations, the Sports Registrar, FKF electoral board and the Attorney General Justin Muturi.
“That in the interim, a stay of the intended Annual General meeting of the Football Federation of Kenya be and is hereby granted pending the hearing inter-partes of the application,”Justice Sewe said.
The judge directed the case to be mentioned on Monday for directions.
Nyakundi submitted that the Sports Disputes Tribunal made a decision in July 2022, which found Gabriel Mghendi and National Executive Committee were duly removed from office.
He said the judgment was never appealed, suspended or set aside and is therefore,still in force.
He pointed out that the agenda of the AGM is the FKF elections, which have a four-year cycle, making the hearing of the case more urgent.
Nyakundi submitted that the meeting must be stayed so as to protect the integrity of all pending court proceedings, including a petition pending before the High Court.
The AGM today was expected to clear the way for the much anticipated Football Kenya Federation elections.
Some 94 delegates were scheduled to attend and ratify the controversial 2020 FKF Electoral Code and the team to conduct the election.
Already, controversy was brewing. The federation had declared Extreme Sports Chief Executive Hussein Mohammed as ineligible to attend the AGM despite him being nominated by Muranga Seal to do so.
Hussein vowed to attend today’s meeting even as a section of delegates insist he was barred.
Ramadhan Swale Yusuf, Chairman of Darajani Gogo who said he was representing the 20 teams in the National Super League said the decision of Murang’a Seal Chairman Robert Macharia to front Hussein’s name was not within the FKF laws.
“As club we will not allow any member knowingly or unknowingly to disrespect the FKF Constitution. As members we want to categorically say we are going to follow the rules because we follow the law,”said Gogo.
Nairobi City Stars Chairman Patrick Korir, who stated he was representing the 18 Premier League teams, pointed out that FKF Constitution 2017 and FKF rules and regulation governing Kenyan football must be adhered to at all cost.
