In the world of football governance, the principles of independence, non-discrimination, and transparency are paramount. However, recent events within the Football Kenya Federation (FKF) have raised concerns regarding its adherence to these fundamental values as outlined in both FIFA statutes and its own constitution.
Article 2 of the FKF constitution underscores the obligation to protect the interests of its members, a principle that extends to safeguarding the autonomy of clubs like Murang’a Seal FC.
Yet, the rejection of Murang’a Seal’s request to have their Vice Chairman represent them at the Annual General Meeting (AGM) runs counter to this mandate. This move disregards Article 18, which guarantees the independence of members’ bodies, and Article 21, which confines the role of the CEO to administrative duties.
Moreover, FKF’s actions appear to contravene Article 4 of its constitution, which emphasizes neutrality, non-discrimination, and gender equality. Allegations of discrimination and bias against certain members, including Hussein Mohammed, raise serious questions about the federation’s commitment to these principles.
The failure to convene the AGM as mandated by Article 14(1)c further erodes confidence in FKF’s governance. This neglect of constitutional obligations reflects poorly on the federation’s leadership and undermines its credibility.
Additionally, the unilateral suspension of members by the CEO, Barry Otieno, without proper oversight from the National Executive Council (NEC), violates Article 16, which stipulates the procedures for legal matters and sanctions.
Furthermore, FKF’s recourse to ordinary courts, as seen in the recent judicial reviews sought from Kiambu and Mombasa Law Courts, contradicts Article 16’s guidance to utilize internal dispute resolution mechanisms such as the Sports Dispute Tribunal (SDT) and the Court of Arbitration for Sport (CAS).
This deviation from established protocols not only weakens the federation’s legal standing but also risks expulsion from the General Assembly, as per FIFA statutes.
The repeated interference in members’ affairs, typified by Barry Otieno’s unauthorized directives and actions, underscores a concerning pattern of overreach by FKF leadership. Such behavior not only violates the federation’s own constitution but also undermines the integrity and autonomy of its member clubs.
The recent events surrounding FKF highlight a pressing need for adherence to FIFA statutes and the federation’s own constitution. Upholding the principles of independence, non-discrimination, and transparency is essential for fostering trust and stability within Kenya’s football ecosystem. Failure to address these issues risks further erosion of confidence in FKF’s leadership and governance structures.
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