FKF president to carry out ceremonial duties

“The panel directs the secretary to the Tribunal to take appropriate steps to bring this contested letter of 18th March 2020 addressed to Fifa to the attention of the appropriate authorities and to request that a full investigation be conducted into its authenticity and authorship or otherwise, so that necessary further steps can be taken depending on the outcome of the investigations,” Ohaga ruled.

SDT said it has legal mechanisms in its arsenal to deal with instances where its authority and dignity is undermined, adding that if the investigations conclude he authored the document, he would certainly be guilty of the offence of perjury.

Section 110 of the Penal Code states that any person who commits perjury or suborns perjury is liable to imprisonment for seven years.

And section 11 of the Oaths and Statutory Declaration also states that if any person knowingly and willfully makes any statement which is false in a material particular in a statutory declaration, he shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding Sh2,000, or to both.  

In the ruling that dismissed three applications filed against Mwendwa, Otieno and FKF, the tribunal said it had dealt with the issue on Sports CS Amina Mohammed forming a Normalization Committee. The tribunal had ruled in March 17 that it did not find it commendable for the CS to interfere with the federation’s affairs.

The tribunal declined to cite NEC officials; Mwendwa, Doris Petra, Chris Amimo, Muriithi Nabea, David Njoroge, Tony Kweya, Mohamed Mula, Raphael Mwalungo, David Gikaria and Joseph Andere -for carrying out activities for the federation.

Ohaga said Milton Nyakundi and Sam Nyamweya failed to produce concrete evidence and even serve them with the suit papers.

They are said to have only produced in court screenshots of the federation’s website showing pictures of the NEC officials participating in some activities.

On the issue of petitioners asking the Tribunal to issue orders protecting assets belonging to the federation from being looted, Ohaga said they were unable to discern any concrete evidence to support allegations.

“The evidence offered is based on conjecture and is such that no decision-making body, properly applying its mind to the facts presented to it, could possibly reach the conclusion that the allegations made meet the evidentiary threshold which would require a response from the Federation,” Ohaga ruled.

In the case, more than 50 football clubs wanted the CS to form a committee that was to be furnished with an audited report on the federation’s assets and liabilities.

The clubs also wanted 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.

They also 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.