THIS IS MY TAKE: Sports Tribunal to hear last presentation in league composition case

FKF AGM Football Kenya Federation President Nick Mwendwa addresses delegates during their Annual General Meeting(AGM) at Kenya School of Monetary Studies in nairobi on Saturday 15/10/16.PHOTO:BONIFACE OKENDO

Football Kenya Federation President Nick Mwendwa will make his final submission to the Sports Tribunal this morning in a case to determine composition of the top league next season.

The tribunal will rule on the matter next week, which will put to rest a persistent stand-off between FKF and Kenyan Premier League (KPL) on the number of teams to compete in the 2017 season.

Mwendwa was on the stand last Thursday, where he urged the tribunal to dismiss a case filed by KPL, who are opposed to the expansion of the league to 18 teams.

Mwendwa took the stand as a witness after out-going KPL chairman Ambrose Rachier defended the company's position.

During his cross examination, Mwendwa dismissed the Memorandum of Understanding (MOU) signed between FKF and KPL as null and void, as it had no input from world football governing body, Fifa.

"The MOU as signed was not within the spirit of a road map issued by a Fifa delegation in late March of 2015. It was signed in September last year, which was a clear departure from the Fifa road map that had called for an MOU to be signed by June of that year," argued Mwendwa.

"The MOU also lacked Fifa's approval and they would have not approved it anyway, as they did not help in its drafting. That is our first quarrel with that agreement."

Mwendwa also questioned the MOU, saying it appears to give KPL powers that ought to be FKF's, according to the constitution.

"The KPL manages the leagues on behalf of FKF and therefore, do not own it. The MOU also wrongly gives KPL a casting vote, in case of a tie in a matter between us and them, which again, is not tenable," said the FKF president in his submission.

He further said that FKF is ready to top-up the required amount to take care of the two extra teams as requested by KPL.

In his submission, Rachier accused FKF of not giving them notice in regard to the increase of teams this season, as provided for in the MOU.

"The MOU clearly states that a Joint Executive Committee (JEC) comprising of KPL and FKF officials, will discuss the size of the league, at least one year before the next season commences. This was not done," he said.

The Gor Mahia chairman further admitted that they had requested FKF to make available Sh33million to cater for the costs of accommodating the two extra teams, something he says the federation never did.

"At some point in our discussions, we informed FKF at their request, that we will need an extra Sh33million to take care of the two teams they want promoted. They never came back to us on this matter," he said.