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Audited FKF’s financial accounts to be given to caretaker committee

FOOTBALL By Everlyne Judith Kwamboka | May 1st 2020
Nick Mwendwa (centre), Dorris Petra (right) and FKF CEO Barry Otieno on October 29 last year. [File]

Allow Amina to form FKF committee, clubs ask Tribunal

Mwendwa faces contempt suit as protagonists move Sports Disputes Tribunal to order Sports Cabinet Secretary to constitute a Normalisation Committee and protect federation assets.

The Sports Disputes Tribunal (SDT) has been asked to direct Sports Cabinet Secretary Amina Mohamed to constitute a Normalisation Committee to run the affairs of troubled Football Kenya Federation (FKF) pursuant to Article 54 of the Sports Act 2013.

The SDT has also been moved to issue orders to preserve the assets of FKF and call for the audited accounts of the financial year 2019 as part of a report to be handed over to a caretaker committee.

The prayers are contained in documents filed at the tribunal by lawyers CBG Ouma, Nelson Odongo and journalist Milton Nyakundi who have applied for orders to protect the federation’s assets from vandalism and access by unauthorized persons.

This follows the Tribunal’s ruling on March 17 that the term of office of Nick Mwendwa and his National Executive was at an end – having been elected on a four-year term on February 10, 2016.

More than 50 football clubs, who are parties in the suit filed before the tribunal said through their lawyer Charles BG Ouma that the orders sought are to protect the federation’s assets from being wasted, alienated and abused by Nick Mwedwa and his team.

In the documents filed at the tribunal, Ouma pointed out that there are dangers of the assets being wasted given the fact that the term of office for Mwendwa and other officials ended in February and Fifa declined the tribunal’s request to appoint a normalisation committee.

“The former officials of the FKF have continued to illegally run the affairs of the FKF and there is a danger that the assets of the FKF are in danger of being wasted, alienated and abused by the former officials of the FKF,” reads part of the documents filed at the tribunal’s registry.

If the orders sought are granted, the federation’s bank accounts are to be also frozen until such a time the committee shall have been constituted to manage the finances of the federation or other orders to be issued by the tribunal chaired John Ohaga.

This the clubs claim is because “the former NEC officials are signatories to the bank accounts and if allowed to transacting business, the federation risks financial loss.”

The clubs also want the tribunal to direct the National Transport Authority (NTSA) to allow caveats to be placed on all vehicles belonging to the national football body as a way of preserving them pending a solution on the leadership stalemate.

Lawyer Odongo has asked the Tribunal to determine whether former officials of FKF are in contempt of the various court orders.

“There have been other numerous occasions whereby Nick Mwendwa has passed off as FKF President despite being fully aware of this Honorable Tribunal’s ruling.”

Odongo also claims in the application at the Tribunal that, “Barry Otieno (FKF CEO), in contempt and blatant disobedience of this Honorable Tribunal and its orders wrote a letter to Veron Moessengo-Omba of Fifa without the prior consent and approval of the Tribunal seeking to be “protected” from the decision of this tribunal, this led to the undermining of the sovereignty of the laws of the Republic of Kenya and the authority of this Honorable Tribunal.”

The applications are a follow up to the ruling by the Tribunal on March 17 where the SDT cancelled FKF’s elections it had intended for March 27 for inserting unlawful eligibility criteria not supported by their Constitution. It also affirmed the FKF NEC’s term of office had ended.

The former officials have five days to file their replies. Meanwhile, the Tribunal will convene via video conference on May 5 to deliberate on the way forward after Fifa declined to form a Normalisation Committee.

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