FKF face legal headwinds amidst compliance failures

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FOOTBALL FKF face legal headwinds amidst compliance failures

Festus Chuma 17:00 - 11.01.2024

FKF risks being illegal for non-compliance with the Sports Act, facing election and constitutional review challenges.

The Football Kenya Federation (FKF) is teetering on the brink of being declared an illegal entity following its failure to align its operations with the country's Sports Act 2013.

This stark reality comes in the wake of a stern warning from the Sports Registrar, Rose Wasike, who has threatened to revoke the provisional license issued to FKF unless immediate compliance is observed.

As reported by Daily Nation, in a letter dated September 8 of last year and addressed to FKF Chief Executive Barry Otieno, Wasike emphasized the critical importance of adhering to the conditions of their registration.

"So far, I have not cancelled FKF's certificate not because of FKF but due to the interest of the athlete, technical officials, and the fans," Wasike stated.

She further cautioned, "Please note that if FKF fails to adhere to the conditions attached to its registration within sixty (60) days from the date of this letter, I will not hesitate to invoke the powers bestowed upon me under the section to cancel the aforementioned certificate."

The sixty-day deadline has since elapsed as of December 8, raising concerns over the future of the federation, especially under the stewardship of President Nick Mwendwa.

A notable point of non-compliance is the federation's failure to review its constitution in line with the Kenyan Constitution 2010 since receiving the Conditional Registration Certificate in May 2018.

Wasike, in her correspondence, which was also sent to Sports Cabinet Secretary Ababu Namwamba and Principal Secretary Peter Tum, advised FKF to engage with stakeholders, including the County Football Associations (CFA), to develop strategic plans, amend the constitutions, and ensure the conduct of free and fair elections.

The federation is also tasked with presenting a "clear and time-bound roadmap for the upcoming elections that ensures the elections are held and conducted in accordance with the principles of Article 81 of the Constitution of Kenya 2010, the provisions outlined in the Sports Act, and Sports Registrar Regulations, adhering to the designed timelines."

In a recent development, FKF announced last Saturday that it had issued a roadmap for fresh elections.

The committee resolved to use the disputed 2020 FKF Electoral Code, which will be ratified along with the Electoral Board by an Annual General Meeting (AGM) in March.

This decision has already sparked a response from several aspirants who are calling for an all-inclusive election involving County Sports Associations voting. 

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