Why FIFA may not ban Kenya

Former FKF vice president Twaha Mbarak(centre) addressing the press[Gideon Maundu,Standard]

“Kenya has not flouted any Fifa Statute and so Football Kenya Federation (FKF) should not blackmail the country with threats of a Fifa ban over its delayed elections,” a stakeholders’ forum resolved over the weekend.

Instead, the stakeholders drawn from 47 counties accused FKF of creating the impasse by not following its constitution and adhering to mandatory provisions of Article 4(3) of the Fifa Standard Electoral Code.

FKF is due to hold its delayed elections before the end of this month, but the Sports Disputes Tribunal (SDT) is set to rule on a petition the FA wants Sports Registrar compelled to receive the returns of the poll.

The Sports Registrar maintains the beleaguered FKF must comply with the provisions of Sports Act 2013.

On December 3 last year, the SDT found FKF to have improperly constituted the Electoral Board and that it failed to initiate public participation in drawing up the Electoral Code – decisions, which were also upheld by the world football governing body, Fifa.

Speaking at the football convention on Saturday, former FKF vice president Twaha Mbarak and presidential aspirant Mburu said Fifa can see through the blackmail.

“Unlike in the past where the Sports Ministers at the time disbanded the federation, this time FKF have shot themselves in the foot,” Twaha said.

“Are we the ones who included Prof. Wamukoya (Edwin) in the board? The answer is no. Are we the ones, who included Shiveka (Elynah) in the Board? Again, it is no? So why would Fifa want to ban Kenya instead of taking action against people that deliberately created the problem?” Twaha posed.

“It is tantamount to holding the country to ransom when FKF invokes Fifa’s name yet they are the ones who have flouted the constitution and Fifa Standard Electoral Code and putting in place discriminatory electoral rules.

“For the record, Articles 15 and 19 of Fifa statutes prohibit any form of discrimination and emphasizes provisions for a democratic election procedure that guarantee complete independence of the exercise,” Twaha said.

While reading the resolutions of the convention, FKF presidential aspirant Mburu said: “Delegates are concerned with the manner in which FKF has conducted the election process. Aspirants and clubs have been systematically locked out using some discriminatory eligibility criteria. This is the reason virtually all the candidates are unopposed.”

Fifa Statutes that FKF has contravened

Article 15: Member associations’ statutes must comply with the principles of good governance, and shall in particular contain, at a minimum, provisions relating to the following matters:

(d) to ensure that judicial bodies are independent (separation of powers);

Article 19 (1) A member association’s bodies shall be either elected or appointed in that association. A member association’s statutes shall provide for a democratic procedure that guarantees the complete independence of the election or appointment.

Article 4 Election of the Electoral Committee

(3) The ordinary general assembly at which the committee (Electoral Board) is elected shall take place least six months before the elective general assembly at which the executive is elected