- The legal representatives of the Clubs are the chairmen and not club CEOs according to the structures of even KPL which formerly had the mandate to run the top tier league. It is important to note that KPL's mandate has not been renewed, so under what basis are the CEOs pegging their declarations?
- As far as I know, these rulings have never been discharged and hence there now exists a vacuum at the National Leadership of FKF.
When exactly will the new football season start? Recently, KPL clubs CEOs issued a statement setting November 12-20 as the window within which the new season should commence once they get greenlight from authorities. But hold. Are we aware of the confusion and vacuum we are in as a country on matters football? Who are the CEOs to set a date of commencement of football activities?
I believe football is guided by statutes and a simple look at the documented regulations shows the mistakes those within football circles are making or the important guidelines they are ignoring to get us out of the mess we are in.
Let’s take a look at Article 19(1) of FKF Constitution which is explicit that the Statutes of the leagues must be approved only by NEC of FKF which at the moment is not there having been disbanded vide a gazette notice in accordance with the Sports Act(2013) - an action which was validated by the High Court ruling delivered in May 2022.
Further rulings delivered by the SDT in Case No. E006 of 2021 at paragraph 118(d) went ahead to bar the members of NEC following their removal through disbandment, from making any correspondence, declarations, decisions and or announcements concerning the running of football affairs within the territory of the republic of Kenya.
As far as I know, these rulings have never been discharged and hence there now exists a vacuum at the National Leadership of FKF.
The mandate for third parties to run the league is only given by the General Assembly, which has not done so, and therefore the clubs CEOs can not purport to issue announcements or declarations that doesn't fall within their ambit.
The legal representatives of the Clubs are the chairmen and not club CEOs according to the structures of even KPL which formerly had the mandate to run the top tier league. It is important to note that KPL's mandate has not been renewed, so under what basis are the CEOs pegging their declarations?
Article 2.3.1 of the Rules and Regulations Governing Kenyan Football is equally very explicit that it is only the FKF NEC that shall annually set the opening and closing dates for all FKF leagues and, or competitions.
So where does the club CEOs derive their authority to set the commencement dates for the league? Does it mean that they are now usurping the powers and authority of the NEC? What in this case will happen to the other leagues and or competitions for the 2022/2023 season?
The Sports CS nominee Ababu Namwamba was vetted Friday and nothing should change so we expect him to be the boss in his messed up docket. The incoming CS must ensure that the Secretariat is opened and the SG and the departmental heads resume their duties immediately so that 80% of the administrative activities resume.
In the absence of NEC as the case is at the moment, the CS should immediately engage with FIFA so that both agree to invoke Article 8(2) of the Fifa Statutes and form a Normalisation Committee because of the special circumstances we now find ourselves in.
Anything short of these, especially an attempt to return to office members of the disbanded NEC will plunge the country in further litigations due to the fact that, the attempt will be contemptuous of the High Court and SDT rulings still in subsistence.
The country cannot be held at ransom any longer, we must have the suspension lifted. With the Normalisation Committee in place, we can have the amendments to the FKF Constitution done, full compliance with the Sports Act and a proper lasting solution to the perennial football quagmire sorted out once and for all.
Thank you, come again!