In a detailed letter addressed to the Cabinet Secretary for Sports in Kenya, FKF CEO Barry Otieno, Sports Disputes Tribunal John Ohaga, Sports Registrar Rose Wasike, FIFA and CAF General Secretaries, the Nyamira County FKF Chairman, Luthers Mokua, raises critical concerns about the proposed Football Kenya Federation (FKF) Electoral Board for the upcoming elections.
Mokua highlights issues of unconstitutionality, lack of impartiality, and independence within the board, urging immediate intervention to ensure a fair and credible electoral process.
The foundation of Mokua’s argument lies in the examination of the FKF Electoral Code 2019/2020, which assigns the Electoral Board the crucial responsibility of managing and conducting FKF elections.
Article 27 of the FKF Constitution emphasizes the necessity of an independent electoral body for the elections, setting the stage for the scrutiny of the Electoral Board’s composition.
However, the heart of Mokua’s concern lies in the disproportionate influence granted to the FKF General Secretary within the electoral process, potentially compromising the impartiality and independence of the board.
The direct involvement of the General Secretary in the affairs and conduct of the elections by the electoral board does not guarantee a free, fair, credible and impartial election conducted by an independent body.
Read part of Mokua’s letter
Section 3 of the Electoral Code delineates the roles of the General Secretary, including attending board meetings in an advisory capacity and assisting with administrative tasks upon request.
The specific instances highlighted by Mokua include the General Secretary’s involvement in supervising sub-county elections, handling and sealing ballot papers, and even sharing headquarters with the Electoral Board.
The elaborate roles granted to the General Secretary amount to a breach of independence and also creates a potential risk especially where the person holding the office at the time is a candidate in that election.
Mokua wrote
Such detailed participation of the General Secretary raises red flags, as it introduces the possibility of interference and compromises the board’s autonomy.
Mokua argues that the extensive roles assigned to the General Secretary breach the principles of independence, especially when the officeholder may be a candidate in the election.
Furthermore, he points out a violation of the 2/3rd’s gender rule under Article 81 (b) of the Constitution of Kenya 2010 in the current board composition. To address these concerns and prevent potential breaches, Mokua proposes a series of interventions.
Firstly, he suggests transferring all the roles granted to the General Secretary in the Electoral Code to the Secretary of the Board. This shift aims to ensure a clearer separation of duties and safeguard against undue influence.
Secondly, Mokua calls for the recomposition of the proposed board to align with the constitutional requirement of the 2/3rd’s gender rule. This adjustment seeks to promote gender inclusivity and diversity within the board, fostering a more representative electoral process.
The proposed Board be recomposed to comply with article 81 (b) of the Constitution of Kenya 2010 on the 2/3rd’s gender rule
Mokua advised
Additionally, Mokua proposes changing the headquarters of the Board to eliminate any potential interference in its affairs. This move aims to bolster the independence of the Electoral Board by ensuring a distinct operational space.
The Headquarters of the Board be changed to prevent any potential interference in the running of its affairs
Luthers asserts that the board operations can not be stationed at the Goal Projects, FKF’s headquarters
Lastly, Mokua recommends invoking Section 3 (2) (f) of the Electoral Code, which grants the Board the authority to appoint an independent body, institution, or individual to conduct the elections. The suggested preference for the Independent Electoral and Boundaries Commission (IEBC) is rooted in its established credibility and impartiality.
The Board invokes Section 3 (2) (f) and appoints an independent body, institution or individual to conduct the elections preferably the IEBC
Luthers Proposes IEBC should conduct FKF Elections
By implementing these interventions, Mokua asserts that the principles outlined in Article 81 of the Constitution of Kenya 2010 and Section 46 (6) of the Sports Act 2013 can be realized. This, he believes, will lead to a credible, impartial, verifiable, free, and fair electoral process, aligning with the foundational values of democracy and transparency in sports governance.
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