FKF flouted laws in many cases - probe

Football Kenya Federation (FKF) President Nick Mwendwa [Boniface Okendo, Standard]

As the rot in Football Kenya Federation’s (FKF) continues to unravel, questions abound as to the root cause of its problems.

Details of a probe ordered by Sports Registrar Rose Wasike on October 14 cite several instances it claims the federation flouted the Sports Act 2013.

The FKF probe report by an Inspection Committee points at the federation’s non-compliance, which officials have allegedly exploited to run afoul of the regulator’s rules of engagement.

The Sunday Standard takes a look at some of the specific laws the FKF Probe Report cites, including those of world football governing body Fifa, and other relevant regulations.

1. The Sports Act 2013 and the Sports Registrar’s Regulations 2016

The legislation and its subsidiary provides for how elections will be conducted and although the same does guide the entire electoral process by providing that “a sports organisation shall hold elections in accordance with its constitution”, the probe report says FKF has undermined the general principles of elections stipulated in Article 81 of the Constitution.

This, the report says, contravenes Part (D) of the second schedule to the Sports Act. Rule 20 of the Sports Registrar’s Regulations 2016 provides further details of how the elections are to be conducted, some of which FKF is accused of flouting.

The Sports Disputes Tribunal, in its decisions on the electoral process in 2019 and the following year, found that the FKF had failed to adhere to the requirements of the Fifa Standard Electoral Code.

The report also says that FKF failed to comply with Section 67 of the Sports Act, which requires entities registered under the Act to submit audited financial reports on an annual basis, is a source of concern.

2. Public Finance Management Act 2012 and Public Disposal & Procurement Act

FKF being an entity that receives public funds for facilitation of national teams as provided for by Section 4 of the Sports Act, the law requires that the federation accounts for the public monies in accordance with the PFM Act 2012 and Article 201 of the Constitution.

FKF has been indicted several times for failure to account for exchequer resources in the manner it is supposed to be done, often leaving the FKF leadership in a public spat with the accounting officers at the Ministry of Sports.

The federation has also been found to be expending public monies without following mandatory tendering requirements under the public procurement laws as well as the Fifa Forward Fund Regulations that require open tendering structures.

The report points at Article 227 (1) on procurement of public goods and services provides, which says: “When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective.”

FKF admitted to the inspectors that they have not been following Public Finance Management Act 2012 and Public Disposal and Procurement Act. This is in spite of continued training by the Sports Ministry on how to apply and account for money from the Sports Fund.

Following the recent inspection, it has also been found that the FKF has not been adhering to sound governance practices when it comes to employees’ contracts.

3. Constitution of Kenya 2010

The federation has been accused of flouting the provisions of Articles 10 and 73 on national values and integrity as well as Articles 226 and 227 on audit of public funds.

FKF officials’ view has been that they are not subject to Kenyan laws when it comes to accounting for money advanced to it.

However, the probe report disagrees with the view, saying: “It is the committee’s observation that Fifa rules are not part of International Legal Instruments that Kenya is expected to apply after adoption and ratification under Article 2 of the Kenyan Constitution since it is neither a treaty nor a convention that require adoption, ratification and domestication.

It further noted that Kenya is not a signatory to the Fifa rules. This therefore means that Fifa and FKF rules are subject to the Constitution of Kenya 2010, the Sports Act and any other relevant laws.?