Three want state stopped from funding Football Kenya Federation
FKF President Nick Mwendwa when he appeared before the National Assembly Sports and Culture Committee in Nairobi on February 15, 2024.
What you need to know:
- Philip Nyingi Maina, Jeremiah Mwangi, and Moses Otieno Okumu argue that the current NEC members are in office illegally having been disbanded by former Sports CS Amina Mohammed through a Gazette notice on November 12, 2021.
- The trio claim that the ousted NEC officials broke into the offices of the Federation on November 4, 2022, claiming they had been reinstated by then CS but the said reinstatement was never gazetted as required or any other lawful or legal mechanisms used to bring them back to office.
Three people have petitioned the High Court to stop the government from further disbursement of funds to the National Executive Committee of the Football Federation Kenya (FKF) stating the office bearers are illegally in office.
Philip Nyingi Maina, Jeremiah Mwangi, and Moses Otieno Okumu argue that the current NEC members are in office illegally having been disbanded by former Sports CS Amina Mohammed through a Gazette notice on November 12, 2021.
The trio claim that the ousted NEC officials broke into the offices of the Federation on November 4, 2022, claiming they had been reinstated by then CS but the said reinstatement was never gazetted as required or any other lawful or legal mechanisms used to bring them back to office.
“That leave be granted to the Ex-parte applicants to apply for judicial review order of prohibition against the 1st, 2nd, and 3rd respondents (Ministry of Sports officials) jointly and severally from disbursing any funds or public funds to the Football Kenya Federation unless and until there is a legitimate National Executive Committee,” the petitioners stated.
Justice Jairus Ngaah certified the case as urgent and said he would notify the parties on a ruling date.
The trio further wants the court to direct the Registrar of Sports to inspect the affairs of the FKF, under section 52 of the Sports Act of 2013.
The court was informed that in a report on November 5, 2021, the inspection committee appointed by the ministry found serious non-compliance issues by FKF and made several recommendations including the disbandment of NEC.
The report also recommended that the Directorate of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission (EACC) carry out further investigations to establish the extent to which the misappropriation of funds may have occurred to prosecute those who may be found culpable.
The officials were then removed from office to pave the way for further investigations and a caretaker committee was appointed to manage the affairs of FKF for a period not exceeding six months.
However, the ministry has allegedly continued to turn a blind eye as it has never followed to logical conclusion, the implementation of the recommendations of the inspection committee to ensure they are implemented.
They further accused a government official of accepting the removed officials by engaging and giving them an audience as though they are legitimately in office and allowing them to take unlawful occupation of the offices of the federation and instruments of governance since November 4, 2022.
“The respondents are condoning the disbursement of public funds to the custody of the former office-bearers of FKF despite the report and recommendation of the ministry’s inspection committee,” Maina said.
