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Kenya staring at FIFA ban over court cases

According to FIFA statutes, disputes in football cannot be taken to any judicial body outside the Federation and if this happens, then it is deemed as third-party interference.

NAIROBI, Kenya, Oct 24 – World football governing body FIFA has threatened to ban Kenya over current cases in court on the impending Football Kenya Federation (FKF) national elections as it contravenes its statutes.

In a strongly worded letter addressed to FKF CEO Barry Otieno, FIFA says it is keenly following up on the happenings in the country after two separate groups filed cases at the High Court and Sports Disputes Tribunal seeking to stop the elections which start next month.

According to FIFA statutes, disputes in football cannot be taken to any judicial body outside the Federation and if this happens, then it is deemed as third-party interference.

“The aforementioned articles is in line with one of FIFA’s core principles, that is, the prohibition of recourse to ordinary courts of law, unless specifically foreseen by FIFA regulations or binding legal provisions,”

“We further wish to underline that a violation of this provision by the FKF or its members may lead to sanctions as provided for in the FIFA statutes, including a possible suspension,” the letter signed by Veron Mosengo-Omba, the acting Chief Member Associations officer stated.

FKF boss Nick Mwendwa has confirmed they have received the letter from FIFA but says they will wait on the verdict from the courts to know the way forward.

The case at the High Court is due for mention on November 20, less than two weeks to the elections while that at the Sports Disputes Tribunal is due on November 5.

FKF President Nick Mwendwa with his deputy Dorris Petra during the presser. Photo/RAYMOND MAKHAYA

“If the courts rule that the elections should be stopped, then that is a FIFA ban coming and we will not travel to Egypt to play our first 2021 AFCON qualifier. This is the same thing that happened in Sierra Leone. For us, we will just inform FIFA of whatever outcomes the courts have,” Mwendwa told Capital Sport.

-Nyamweya, Akaranga concerns-

Former FKF boss Sam Nyamweya and Ex-Vihiga Governor Moses Akaranga, both interested in the president’s seat in the coming elections have voiced their concerns over the composition of the electoral board as well as the regulations for candidates to be allowed to vie.

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The deadline set by the board for individuals interested in the president’s seat to submit their nomination papers passed yesterday (Wednesday, October 23) with only Mwendwa presenting his credentials. Both Akaranga and Nyamweya failed to do so.

“All these things they are complaining about are things which were passed by the Annual General Meeting (AGM). According to the FKF constitution, the National Executive Committee is expected to propose names to the electoral board then the AGM ratifies. This happened,” a member of the FKF NEC told Capital Sport.

He further added; “The guidelines and requirements of each position was sent to each voter 30 days before the AGM as per requirements and no one raised an issue. Why did they have to wait till after the AGM for them to raise issues?”

Among other issues that the Nyamweya and Akaranga group have also raised include an Outside Broadcast (OB) van that was allegedly paid for by FIFA funds and never delivered.

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