Fifa to open disciplinary proceedings against Kenya for non-compliance

World football governing body, Fifa, is set to open disciplinary proceedings against Football Kenya Federation (FKF) for failing to comply with an arbitral award to former Harambee Stars coach Adel Amrouche.

The Court of Arbitration for Sport (CAS) awarded the Belgian tactician Sh109, 919, 863 (inclusive of interest) for improper dismissal. FKF have until tomorrow to pay up the amount in full.

In a terse letter seen by Standard Sports, Fifa is not amused by FKF’s failure to abide by the decision of CAS.

The Fifa letter noted: “In view of the foregoing, and in accordance with art. 52 of the Fifa Disciplinary Code, we are herewith opening disciplinary proceedings against Football Kenya Federation for the potential breach of the following provision(s): Art. 15 FDC (2019 ed.) / Art. 64 FDC (2017 ed.) -- failure to respect a decision passed by a body, a committee or an instance of FIFA or a CAS decision.”

This follows a complaint by Amrouche’s attorneys of failing to comply and effect the arbitral award dated September 19, 2019.

Fifa warned that should FKF fail to beat the deadline, it would take a decision on the case based on the file in its possession.

Harambee Stars coach Adel Amrouche during their Cup of Nation Qualifier match against Comoros at Nyayo stadium, Nairobi on 18-05-2015.PHOTO/DENNIS OKEYO

“Should the aforementioned party (FKF) fail to submit its position within the stipulated deadline, the member of the Fifa Disciplinary Committee will decide on the case using the file in its possession,” the Fifa letter dated February 28, 2020, reads.

It adds: “In this respect, the aforementioned party (FKF) is invited to provide the secretariat of the Fifa Disciplinary Committee with its position, including proof of payment of any outstanding amounts, within six days of the notification of this communication at the latest.”

For the better part of yesterday, FKF officials are said to have been locked up in a meeting, which Standard Sports could not establish its agenda.

FKF president Nick Mwendwa said they had written to Fifa to give them more days.

“We forwarded our request to the Ministry (sports) and asked Fifa if they can give more days to get it done as Government needs to go through processes,” Mwendwa said.

Asked if Fifa had granted the days, Mwendwa said: “They have not responded.”

Troubled FKF potentially also face sanctions from Kenya’s Sports Disputes Tribunal for not complying with the Sports Act 2013, which provides for a legal framework to conduct elections. The local FA went to the SDT on February 19 seeking to have the Sports Registrar compelled to receive the returns of the controversial elections, whose electoral code a section of its sub-branches and clubs said was designed to exclude them from the process.

FKF’s term of office ended on February 10, 2020 and the SDT is expected to deliver its verdict on March 17.