Big win for FKF as FIFA quashes SDT ruling

Football Kenya Federation (FKF) has scored a massive win in the case over the eligibility criteria for the federation’s elections as carried in the Electoral Code passed in the FKF Special General Meeting (SGM) of January 25, 2020.

On Wednesday 25 March, FIFA issued a statement that was for the better part of the past week awaited, noting that the eligibility criteria for contestation in the FKF elections was proper, as it was not opposed by FKF members during the SGM at Safari Park Hotel.

All this emanated from the Sports Disputes Tribunal (SDT) ruling on Tuesday 17 March that indicated that the Electoral Code for the polls did not inspire fairness, and went on to disband the FKF National Executive Committee, only leaving the President in office.

In light of this, the SDT urged FIFA to form a normalisation committee to run the game in Kenya.

Different stand

FIFA however pinned its ruling also on the fact that the SDT had ruled that the Electoral Code was validly adopted at the FKF SGM.

“…the FKF Statutes and Electoral Code as well as Electoral Board were approved and elected respectively by the FKF GA on 25 January 2020, and no FKF Member having the right to oppose it did so. Consequently, the Electoral Code was duly adopted by a validly convened GA, as underlined by the SDT decision itself,” reads a section of the letter from FIFA.

Further, FIFA quashed the SDT ruling that threw the FKF National Executive Committee (NEC) out of office, the world football governing body noting that the NEC shall remain in office, along with the President, Nick Mwendwa in charge.

Denoted the contrary

The letter from FIFA further questions why the FKF had to subject itself to the SDT, while its statutes, and FIFA’s clearly denoted the contrary.

“The FKF statutes do not expressly recognize the jurisdiction of the SDT…the SDT is not a national arbitration tribunal in the sense of FIFA circular 1010 dated 20 December 2005. The FKF surprisingly subjected to the SDT by its own initiative while it was not obliged to do so. We therefore wish to emphasize that the relevant SDT ruling has no legal effect on FIFA,” this letter further says.

Mwendwa’s disagreement

Right after the ruling by the Tribunal, on Tuesday 17 March, the FKF President Nick Mwendwa called for a presser and stated his dissatisfaction at the SDT ruling, terming it a very conflicted delivery.

FIFA has indicated that it will make efforts to have a meeting with the key stakeholders in this matter by April 6, 2020. Should the world still be on lockdown due to COVID-19, it offers the option of a video conference to discuss the way forward for Kenyan football.

Meanwhile, March 27, 2020, was the date the FKF Elections Board had picked for the national elections, in which most of the positions had been scooped unopposed.