NAIROBI, Oct. 27 (Xinhua) -- The troubled Kenyan football endured another tough week with the east African nation flirting with FIFA ban as contentious elections for the national governing body loom.
Barely three months after its senior national team Harambee Stars featured at the Egypt 2019 Africa Cup of Nations (AFCON) - returning to the continental showpiece for the first time in 15 years- the country's place in the qualifiers for the Cameroon 2021 edition that kicks off in November is not assured due to the simmering row surrounding the forthcoming Football Kenya Federation (FKF) polls.
Nick Mwendwa, who was swept to power in February 2016 on the platform of 'Team Change' is seeking a second term as the president of FKF amid criticism over his handling of affairs and court cases seeking to stop the polls scheduled for Dec. 7.
To compound matters, FKF was in the past week ordered to pay former Stars head coach, Bobby Williamson over 55 million shillings (550,000 U.S. dollars) for wrongful dismissal after the Scot tactician was relieved his duties in Feb. 2016 when Mwendwa came to power.
This is the second judgment against the cash-strapped federation following a similar ruling in favor of another ex-Stars boss, Belgian Adel Amrouche who is due to be paid over 1.05 million dollars after he was deemed to have been fired unlawfully from the position in August 2014 when Mwendwa's predecessor, Sam Nyamweya, was in power.
Last Thursday, FKF issued a statement warning the country risked a FIFA ban over what it termed as 'third party interference' as the haggling over the legitimacy of the FKF elections continues to boil.
"We informed FIFA on the recent surge of court cases pitting the federation against third party individuals, acting in complete disregard to both the FKF and FIFA statutes. This was done as part of our regular briefings to the world football governing body on the ongoing FKF electioneering process," acting federation CEO, Barry Otieno, stated.
FIFA said it is keenly following up on the happenings in the country after two separate groups filed cases at the local High Court and Sports Disputes Tribunal seeking to stop the elections which start next month.
"FIFA takes this principle with the utmost seriousness and therefore considers that it is the responsibility of the member associations, including the FKF, to ensure that it is implemented at their level through a binding obligation on its members," part of the letter, signed by FIFA Acting Chief Member Associations Officer, Veron Mosengo-Omba and addressed to Otieno highlights.
FIFA cited article 69 of the FKF Statutes, which prohibit submission of disputes affecting leagues, members of leagues, clubs, members of clubs, players, officials and other FKF officials to ordinary courts unless the FIFA regulations, FKF statutes or binding legal provisions specifically provide for or stipulate recourse to ordinary courts.
The case at the High Court is due for mention on Nov. 20, less than a fortnight to the elections while that at the Sports Disputes Tribunal is due on Nov. 5.
The High Court suit has been filed by George Mwaura, who is seeking orders to stop the forthcoming elections until the composition of the Electoral Board and the Electoral Code that was adopted during the FKF Annual General Meeting are addressed.
Another case filed at the SDT, the local judicial body that arbitrates disputes in sports also seeks to halt the exercise on similar grounds.
It has now emerged the government through the Ministry of Sports and Heritage has written to the FKF seeking the federation to comply with the Sports Act of 2013 that sets guidelines in the running of local governing bodies.
In the 13-page letter seen by Xinhua, FKF is advised to among other things, appoint an independent five-member panel to oversee the election, submit the names and clearance forms of all candidates seeking election from all 47 counties in the country and ensure the nominated candidates are cleared by the Kenya Revenue Authority (taxman) and Directorate of Criminal Investigations.
Further to that according to judgments entered against FKF by FIFA regarding Amrouche and Williamson, the country will not take her place in the 2021 AFCON qualifiers unless all dues owed to the former coaches are settled.
"We will appeal Bobby's decision while we have asked the government to pay Adel," CEO Otieno responded when asked about the decisions.
As it stands, Kenya that was banned by FIFA thrice between 2004 and 2007 is precariously close from being slapped with another suspension. Enditem
