TV DEAL IN DARKNESS: FKF responds to MP & Silva, but fails to address pertinent issues raised

FKF-PL
Kariobangi Shark's Nicholas Kavaya and Elisha Owita, left, of MOYAS FC's eyes are set on the ball during FKF Premier league at Kasarani on Sunday, March 29th. PHOTO/JONAH ONYANGO.

Football Kenya Federation (FKF) has maintained that their marketing deal with MP & Silva will remain in force for five years, despite reservation raised by the marketing firm.
Reacting to a letter from the marketing firm’s COO Roberto Dalmiglio on Wednesday, calling for renegotiation of the contract because the FKF PL is a second-tier, FKF, however, did not respond to the thorny issue raised by the COO about the quality of their league.

“None of the clubs that signed the attachment to the main contract are playing in the FKF-PL, let alone the big two clubs who’s participation had been promised,” the COO said in the letter to FKF President, Chief Executive Officer and all executive committee members. FKF did not respond to that assertion.

“Due to the quality of league, no Free To Air operator and no Telco operator has considered to enter into any sort of agreement,” said the MP & Silva boss.

The COO also said: “there is a clear discrepancy between the attachment to the contract between us that had been sent via e-mail and the original hard copy received by courier; the press has been talking about a “forgery”, we just are aware that a discrepancy needs to be explained.”

The FKF response in their website did not address these issues that seem as critical and controversial as they are relevant to the actualisation of the contract.

“Football Kenya Federation has clarified that sports marketing firm, MP & Silva’s contract is intact and is valid for five years,” said the statement.

The federation maintained that “the contract, signed in January 2015, was entered into legally, FKF exercising its right to ownership of all commercial, broadcasting and marketing rights for all football activities in Kenya as provided for by Articles 78 & 79 of the FIFA Statutes.”

“Media reports had suggested the London-based agency had threatened to suspend further disbursements to the federation until the end of the season.”

REMAINS TENACIOUS

“The firm committed itself to give a minimum guarantee of US$2.5 million per year, US$833,000 of which has been disbursed to FKF,” read the statement by FKF media.

“However, the unique situation that the country has got to bear for the remainder of the 2015 season, which is a transitional period for Kenyan football, forms the basis to respectfully engage with all stakeholders with a view to creating the right understanding so that the posterity and development of the Kenyan game is the winner in the long run.

“That underscores our willingness to indulge with all stakeholders with a view to managing the pertinent issues so that the transition is properly managed for the good of our game. The federation maintains its position that it is within its mandate to negotiate contracts with individuals and corporate alike with the singular purpose exploiting the various properties that are associated with football rights.

“FKF has a right to negotiate or review contracts entered into in the mutual interest of the federation and its partners, a principle that could never be more exemplified than in the present circumstances with MP & Silva and indeed all other sponsors that moot such indulgence on the basis of merit.

“As proposed by its partners, MP & Silva, FKF is ready and willing to renegotiate, a process which will be guided by the contractual obligations and/or rights, which are enforceable from the date of signing the deal yet the process remains tenaciously within the framework of the confidentiality clause to which we are bound as parties to the contract.

Meanwhile, FKF has urged all football stakeholders, “especially FKF Premier League clubs, to remain calm as they move to expeditiously iron out the pertinent issues.”