In a recent press release on January 6, 2024, Football Kenya Federation (FKF) announced a decision that has sent shockwaves through the nation’s football community.
The National Executive Committee (NEC) passed a resolution, choosing to conduct the FKF elections for 2024 under the contentious electoral code of 2020. This decision, however, has been met with strong criticism from various stakeholders, asserting that the elections under this code would lack transparency, fairness, and freedom.
A critical examination of the FKF electoral code of 2020 reveals a maze of legal inconsistencies and conflicts of interest.
Section 2 (c) allows the FKF Secretary General to attend electoral board meetings in an advisory capacity, creating an inherent conflict within the administration. According to the stakeholders in a joint relationship, the suggestion that the Secretary General can provide advice by physical attendance of the meetings only adds fuel to the fire of skepticism.
Further exacerbating the situation, Section 2 (g) proposes that the FKF headquarters be the same as that of the electoral board, entwining their operations and raising eyebrows at the potential for bias.
Section 3, which allows NEC members to propose names to the electoral board, reeks of conflict of interest as these very members may later contest the elections the board oversees.
The Sports Dispute Tribunal (SDT) had previously nullified Section 4 of the electoral code, citing it as unreasonable and a violation of the principles of free and fair elections.
The ruling exposed the flawed nature of the criteria set for candidate eligibility, leading to concerns about potential legal challenges that could further delay the elections and extend the current regime’s term.
Through the resolutions passed by the NEC on the said date & the highlighted illegalities of the FKF electoral code 2020 read together with the SDT ruling, it’s crystal clear that the FKF election code 2020 cannot even convince a wet paint to dry that through her a free and fair sub county, county and national elections will be conducted.
Read part of the statement
The FKF’s decision to overlook these legal issues and pass them as resolutions at the NEC meeting raises suspicions of ulterior motives.
The potential for a predetermined outcome, denying ordinary citizens an opportunity to seek leadership roles, and the recycling of bad governance from previous administrations all contribute to the erosion of confidence among football stakeholders.
Furthermore, the FKF electoral code’s misalignment with the Sports Registrar Regulation Act 2016, the constitution of Kenya, and FIFA statutes casts doubt on its legitimacy.
By disenfranchising women football teams, the code contradicts FIFA’s commitment to increasing female participation in football globally.
In light of these concerns, stakeholders demand a reevaluation of the election process. They insist on the involvement of the Independent Electoral and Boundary Commission of Kenya (IEBC) to ensure a fair, transparent, and intimidation-free election with a valid voter register.
The election be conducted by an independent institution i.e. Independent Electoral & Boundary Commission of Kenya – the IEBC, so as to have an election that is free, fair & transparent, with no intimidations and that which will have the CORRECT & VALID VOTER REGISTER.
Read their statement
Additionally, stakeholders call for adherence to the laws and constitution of Kenya, urging FKF to conduct elections from grassroots to national levels within the legal framework.
The call to action extends beyond national boundaries, as FIFA, CAF, SDT, the Registrar of Sports, and government authorities are urged to scrutinize and address the identified illegalities within the electoral code.
That the FIFA, Confederation of African Football, Sports Dispute Tribunal, Registrar of Sports, the Ethics & Anti-Corruption Commission, the Directorate of Criminal Investigation & Cabinet Secretary of Youth, Sports & the Creative Economy & the Principal Secretary Ministry of Sports should take note of the illegalities within the election code and take action at those responsible of aiding and abetting those illegalities
Read part of the statement
The assertion is clear: FKF must not mislead the public; instead, it should uphold the principles of fair play and democracy that lie at the heart of football. The fate of Kenyan football hangs in the balance, and the resolution of this controversy will determine whether the beautiful game thrives or falters in the East African nation.
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