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Football stakeholders welcome FKF audit directive by CS Amina, call for transparent inspection

FOOTBALL By Odero Charles | October 15th 2021
Sports Cabinet Secretary Amina Mohamed addresses the media during the Athletics Kenya Trials World U20 Championship at Kasarani stadium in Nairobi, Kenya on July 01, 2021. [Stafford Ondego, Standard]

Football stakeholders have welcomed Sports Cabinet Secretary Amina Mohamed’s directive to Sports Registrar to inspect the affairs by Football Kenya Federation.

The CS on Friday ordered Sports Registrar to audit Football Kenya Federation accounts.

The directive comes a day after the High Court of Kenya cleared the path for the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) to investigate FKF President Nick Mwendwa over a suspected misappropriation of funds at Kandanda House.

The four football stakeholders, who include, Twaha Mbarak, Sammy Sholei, Andrew Amukowa and Goshi Juma Ali through a press statement lauded the move by CS Amina saying: “Today is a good day for the football stakeholders who have been consistent in the clamour for decisive actions by the respective government and other institutions against Football Kenya Federation following the move by the Cabinet Secretary Ambassador Amina Mohammed to direct that the Sports Registrar conducts an inspection of FKF affairs in accordance with Section 52 of the Sports Act.”

The stakeholders also asked Sports Registrar Rose Wasike to act with speed so as to save Kenyan football from collapse.

“This is a welcome gesture and we urge Registrar Rose Wasike to immediately act so as to save Kenyan football from any further defilement by its enemies who have been masquerading as its administrators for the last six years,” added the statement. 

“Accordingly, we are aware that the malaise at Kandanda House is not exclusive to financial impropriety and that the rot transcends beyond one facet of sound corporate governance.” 

The FKF boss had on October 1 last year sought to gag the DPP and DCI from investigating him over a complaint to the Banking Fraud Investigations Unit (BFIU) direct transfer of millions of shillings from the federation to Mwendwa's personal accounts.

Through lawyer Tom Ojienda, Mwendwa sued DCI and the DPP alongside journalist Milton Nyakundi, who had filed the complaint with the Banking Fraud Investigations Unit of DCI on October 1 last year.

President FKF Nick Mwendwa [Jonah Onyango, Standard]

Nyakundi had also separately filed the complaint on July 29 last year with the Investigatory Chamber and Ethics Committee of world football governing body, Fifa, under Article 58 (1) of the FIFA Code of Ethics to activate Article 59 of the FIFA Code of Ethics to find that Mwendwa had violated the law.

The journalist has flagged the movement of over US$ 94,077 and KSh17,583,951 between January 18, 2019 and June 26,2020. Fifa is yet to act.

Mwendwa, however, moved the High Court of Kenya to find that Nyakundi, not being a member of FKF, had no locus to complain over FKF matters.

In his ruling on Thursday, Judge J.A Makau dismissed Mwendwa’s case saying it lacked merit, was premature and speculative.

 “We are convinced that, although coming rather late in the day, it is timely that the decision is hot on the heels of the High Court judgment by Justice James Makau dismissing the shameless attempt by Mwendwa state agencies tasked with the obligation of investigating impropriety in institutions with the public interest,” added the statement.

“We are reminded that it is not yet Uhuru for Kenyan football and therefore call for vigilance from all football lovers because this step alone does not nark the end 

but the beginning of the homestretch.”

The stakeholders further listed the following audit proposal:

  • We welcome the decision to order for a thorough audit of FKF in accordance with Section 52 of the Sports Act and Rule 19 of the Sports Registrar’s Regulations 2016.
  • In appointing the inspection team, the Sports Registrar should consider a multi-agency approach to investigate general administrative maladministration, including administrative actions, procurement and electoral affairs, among others; remittance of taxes and other statutory obligations.
  • In view of the foregoing, we urge that the Kenya Revenue Authority, the Directorate of Criminal Investigations, the Ethics and Anti-Corruption Commission and other relevant agencies of state be involved in this probe so as to ensure no stone is left unturned or any skeletons left in the closet.
  • The audit should delve, specifically, into appropriation of resources and monies disbursed to the FKF by the government of Kenya through the Sports Fund and/or the Ministry of Sports and whether the monies received have been accounted for, as provided for by the Public Finance Management Act 2012 and all other applicable Laws and/or Regulations governing expenditure and accountability of public resources. 
  • Possible perjury and manipulation of communications and documents containing details of financial transactions and correspondence with various institutions, including Government, Confederation of African Football (CAF) and Federation of International Football Associations (FIFA), clubs, among others.
  • The conduct of the purported County and National elections in 2019 and 2020.
  • During the inspection period, which must not be extended beyond the three months prescribed both the Sports Act 2013 and the Sports Registrar's Regulations 2016, the illegal occupants of the National Executive Committee led by on Nick Mwendwa must never be allowed to transact any further illegal business on behalf of the federation.
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