FKF appears before Senate committee over election rules

Football Stakeholders Under the banner of 'Stop Football Genocide in Kenya' lead by Sammy Shollei and Dan Shikanda in solidarity to offer themselves and actively participate in the forth coming Federation's elections at Hotel Boulevard in Nairobi on Wednesday, June 01st, 2015. PHOTO/ JONAH ONYANGO.

Former Football Kenya Federation (FKF) vice president Sammy Sholei got his day in the sun yesterday when he, together with his boss Sam Nyamweya and Sports Cabinet Secretary Hassan Wario, appeared before the Senate committee on Labour and Social Services.

Sholei had written to the Senate committee chaired by Stewart Madzayo seeking that FKF under Sam Nyamweya be restrained from conducting the upcoming elections on the basis that “the constitution of the election board is contrary to the Sports Act and the FKF constitution”.

The former Tusker and Harambee Stars midfielder also contended that the association had, “failed to change FKF from a society to an association contrary to orders given by the Sports Appeal Tribunal and also, designating only 20 counties to participate in the electoral process”.
Sholei further said that FKF had failed to call an AGM for the endorsement of the electoral board by the members.

FKF, led by President Nyamweya, CEO Michael Esakwa and media consultant Milton Nyakundi put up a spirited counter defence even as Sports Registrar Rose Wasike said the association as it stands, is not recognised by the Government for failing to comply with Sports Act 2013.

“FKF is not a sports organisation. It is not registered according to the Sports Act 2013. As such, the CS cannot even intervene and establish a caretaker committee to plan the elections as requested because this is a sports organisation that simply does not exist,” she said.

Sports CS Wario said FKF had picked the application forms, but were dragging their feet.

“They feel that we will catch up with them as we arrest cases of corruption within the federations.

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Two years after the law was passed, there is no excuse why the federations have not complied,” said Wario.

But Nyamweya, in his submission countered: “In strict reading of the constitution of FKF, several applicable provisions require to be interpreted before this transition can be achieved, namely paragraph (n) of the preamble of the FKF constitution that gives authority for the federation to be registered under the Societies Act and Article 31 that guides the coming into force of decisions of The General Meeting of FKF.
“For the transition to be fully effected there needs to be fundamental changes to the FKF Constitution, a process which needs the approval of world football governing body - Fifa.”
In petitioning the Senate to stop Nyamweya from conducting the forthcoming elections, Sholei argues: “The Fifa Statutes states that the Elections Board must be in place four years before it can conduct an election. We are shocked that FKF wants a board put in place three weeks before the elections on November 13.”
But Nyamweya dismissed the allegations levelled against him, saying the constituting of the board was done within Article 25 of the FKF Constitution, and thus in accordance with the law.
“The names of those in the board were also approved by the delegates during the Annual General Meeting,” he insisted.
On why FKF had failed to submit the names of the Elections Board to an AGM, Nyamweya argued, “There is no requirement in the Constitution of FKF that the Electoral Boards or any other body related to elections be subjected to the General Meeting. But as a sign of commitment to the principles of inclusivity and democracy we did subject the names of the Electoral Boards and all other aspects of the elections to the plenary at our Third AGM held I Nairobi on August 28.”
The senate committee promised to expedite the petition and give its report soon.