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NYAMWEYA: Withdraw court cases and allow FKF polls to continue

Sam Nyamweya

Former Football Kenya Federation (FKF) president Sam Nyamweya.

Photo credit: File | Nation Media Group

What you need to know:

  • The AGM was to pave the way for the elections, adopt the electoral code, and elections board, pass the books of accounts, and set the election date. 
  • The top organ of the federation the National Executive Committee (NEC) has the mandate and power to fix the date of the AGM.

Football Kenya Federation (FKF) faced a setback as its Annual General Meeting (AGM) scheduled for March 16 was canceled due to a court order obtained by sports journalist Milton Nyakundi.

October elections 

This development has thrown the October elections into uncertainty.

The AGM was to pave way for the elections, adopt the electoral code, elections board, pass the books of accounts and set the election date. 

The FKF constitution Article 29; 1, 2 and 3, guides that the AGM shall be held every year.

The top organ of the federation the National Executive Committee (NEC) has the mandate and power to fix the date of the AGM and issue a notice of at least two months in advance to members of the federation.

Thereafter the formal convocation shall be made in writing at least one month before the date of the General Assembly.

Financial statements

This convocation carries the agenda, the activity report, the financial statements and the auditors’ report and any other relevant documents. This process is now in limbo as a result of the court interventions. 

I call upon all football stakeholders and Kenyans of goodwill to join me in calling upon the petitioners in the cases in Mombasa and Kiambu to unconditionally withdraw them and allow the process to continue.

This will clear the path for the resumption of the AGM and election process.

Transparent and fair electoral process

By withdrawing these legal challenges, the path for a transparent and fair electoral process within the federation will kick off. Those who feel aggrieved can be able to challenge these matters internally through established channels rather than prolonged legal battles.

Unending legal challenges in the courts will also attract world football governing body FIFA wrath that may take us back to an indefinite ban. We cannot afford a suspension from international football because of these wrangles which can be amicably solved. 

Kenya to co-host CHAN

In September this year Kenya will co-host the 2024 edition of the African Nations Championship (CHAN) with Tanzania and Uganda.

The tournament, reserved for players who are playing in their domestic leagues, will be spread out within the larger east African region.

This is the dress rehearsal to the hosting of the 2027 Africa Cup of Nations (AFCON) in Kenya, Uganda and Tanzania.

We cannot afford to lose these twin opportunities which will not only showcase our country’s football prowess in the region but also see economic paybacks during the tournament.

The country has started in earnest in preparedness for the tourney. Kasarani is already closed for major renovations while the groundbreaking ceremony for the new Talanta Sports Complex was done by President Dr. William Ruto 

Ready for elections

We are ready for the elections and if there are any encumbrances let us address them internally with laid down procedures and through the Sports Dispute Tribunal. Let us allow the AGM and elections to proceed will ensure continuity in FKF’s operations and leadership structure.

An election is critical for democratic decision-making, accountability, and setting strategic directions for Kenyan football. Let us allow delegates to participate in the AGM and elections and uphold transparency, inclusivity, and legitimacy in the federation’s governance.

The more we are in court we will be denying legitimacy and credibility to office bearers whose term is coming to an end. We must allow the AGM and election process to go on so as to give the new office mandate, legitimacy and credibility both domestically and internationally, fostering trust among stakeholders.

We carry out elections every four years as per the constitution for operational continuity. This will give rise to new leadership potentially elected through a transparent process and focus on advancing football development initiatives in Kenya.

Humble submission 

Its therefore my humble submission to my fellow football stakeholders to withdraw all the cases filed by FKF and other stakeholders and allow the AGM and elections to proceed and allow stakeholders to contribute to fostering stability, transparency, and progress within the federation.

I also call upon the delegates not pass the agendas blindly but debate them fully. I am particularly urging them to look at the financial statements and the auditors’ report keenly for it has raised a lot of interest and concerns. 

There is nothing much we can do for the electoral code 2020 because it was passed in Congress. Unless it's not adopted or changed. If changed again it will not be used in this year’s upcoming elections, but in the future ones.

LSK or IEBC

 From where I sit; I do not think the board can do this election up to the grassroots. They can outsource those services from the Law Society of Kenya (LSK) or the Independent Electoral and Boundaries Commission (IEBC). 

Sam Nyamweya is a former Football Kenya Federation (FKF) president