•The FKF ad hoc committee comprising members drawn from the FKF branches across the country has asked local clubs not to participate in competitions organized by the Transition Committee.
•Their bone of contention is Sports Cabinet Secretary Amina Mohamed's decision to extend the mandate of the FKF Transition Committee for another two months.
Image: FILE
Kenyans have been reduced to mere spectators as different factions continue to flex muscles in a fierce battle of supremacy on the local football front.
The possibility of the country witnessing two parallel topflight leagues next season now looms large.
This is after a group of stakeholders vehemently opposed Sports Cabinet Secretary Amina Mohamed's decision to extend the life of the Football Kenya Federation (FKF) Transition Committee for another two months.
The FKF ad hoc committee comprising members drawn from the FKF branches across the country has asked local clubs not to participate in competitions organized by the Transition Committee.
In a statement signed by chairman Robert Macharia, the committee said it will provide further guidance in the coming days.
“We shall advise on the 2022/2023 KPL season kickoff and modalities of the FKF leagues. We feel the pain of investing in non-progressive leagues in the country and we shall do everything possible to ensure investors get the value for their money,” the statement read.
The 13-member FKF management committee said they were acting in their capacity as the General Assembly which is still in existence despite the government's decision to disband FKF.
They caused a stir in July after penning a letter inviting all topflight league clubs for a meeting on July 16 at Moi Stadium, Kasarani where they planned to appoint an independent body to run the top tier.
In the letter copied to the 18 KPL clubs, FKF Management Committee chairman Robert Macharia said they would soon announce the 2022/23 season fixtures.
Image: FILE
During a meeting held at the Kasarani Sportsview Hotel in Nairobi on March 26, 44 delegates invoked the FKF Constitution to revoke the powers of the National Executive Committee (NEC) and thereafter wrote to the beleaguered FKF CEO Barry Otieno detailing their plan to form the ad-hoc committee.
Their bone of contention is Sports Cabinet Secretary Amina Mohamed's decision to extend the mandate of the FKF Transition Committee for another two months.
The term of the eleven-member Committee headed by General (retired) Maurice Oyugi lapsed a fortnight ago.
A section of stakeholders had hoped for a clear roadmap to elections but that was not to be. Amina instead went against the grain, opting to pump more life into the government-sanctioned committee.
The CS brought the development to light in a gazette notice, pointing out that the appointment was effective immediately.
“In exercise of the powers conferred by section 54 (1) of the Sports Act, 2013, the Cabinet Secretary for Sports, Culture and Heritage appoints the Football Kenya Federation Transition Committee.
Rtd. General Maurice Oyugi was appointed to chair the committee with Mwangi Muthee as his deputy.
Other members include Ali Amour, Bobby Ogolla, Neddy Atieno, Ceasar Handa, Hassan Haji, J. J. Masiga (Dr.), Michael Muchemi, Rachael Kamweru, and Anthony Isayi.
Journalist Lindah Oguttu was confirmed as head of the secretariat which also has Lorine Nerea (secretary), Edward Rombo (joint secretary), Robin Toskin, Rashid Shedu, Maxwell Wasike, and Alan Asalika.
This is the second time the CS is extending the Committee's mandate having also done so on June 16.
The Transition Committee was constituted on May 13 to replace the FKF Caretaker Committee which had been at the helm for six months since its appointment last November after CS Amina expelled the Nick Mwendwa-led federation.
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Other than the conspicuous change at the helm where Rtd. Judge Aaron Ringera was replaced by Oyugi as chairman, and the composition of the TC remains largely the same as that of the Caretaker Committee.
The decision to constitute the Caretaker Committee in November came hot on the heels of grave allegations of financial mismanagement by Mwendwa's administration.
An ensuing pull and push on the local football scene eventually led to a fierce battle in the corridors of justice and a resultant standoff between the government and the world football governing body, Fifa.
Fifa insisted that the government had contravened its statutes by interfering in the activities of a legally constituted member association.
The governing body proceeded to suspend the East African nation from the international stage, a costly decision that took a heavy toll on both the men's and women's national teams as well as KPL champions Tusker and their KWPL colleagues Vihiga Queens.
This was after the Ministry of Sports failed to convince Fifa to lift the suspension. The Zurich-based body has dug in and demanded the reinstatement of Mwendwa and his colleagues into the office before the suspension is lifted.
Fifa's stern position was confirmed on March 31, Fifa when the Governing Council ratified Kenya’s suspension during a congress held in Doha, Qatar. 198 members voted to support the ratification with only one voting against the move.
Image: ERICK BARASA
"The Fifa council suspended Kenya on February 24 with immediate effect due to third party interference, in particular, the takeover of football by a caretaker committee appointed by the government, which is a serious violation of the Fifa statutes," Fifa president Gianni Infantino announced after the decision.
The government is yet to show any signs of fulfilling the conditions set by Fifa and a contentious decision by CS Amina to extend the term of the Transition Committee merely serves to compound the situation.
However, after increasingly finding itself in the eye of a storm, the Transition Committee ultimately found reprieve when the Sports Disputes Tribunal (SDT) upheld Amina's decision to appoint it after a heated court session.
In a ruling made on Wednesday, SDT judge John Ohaga said the Transition Committee was within the law to manage football leagues in the country.
Migori Youth FC, Gusii FC, Dandora Love FC, Zoo FC, Kamungei United FC, Coastal Heroes FC, Mwatate United FC, Kisumu Allstars FC, and Francis Ngira Old pop had earlier moved to court to challenge the appointment.
The petitioners claimed that TC's activities grossly violated the FKF Constitution, 2017 and the Fair Administrative Actions Act.
“As a result, the petitioners filed this petition together with the application by way of notice of motion accompanied by a certificate of urgency seeking conservatory orders halting the continuance of the National Super League and Division One League matches.”
In his ruling, Ohaga said the Transition Committee acted within its mandate following its appointment on May 13.
“The decision made by the respondent herein contested, on May 13 to allow the continuation of the league matches was within its mandate and therefore not ultra vires,” ruled Ohaga.
Ohaga, however, echoed the concerns of the petitioners that the Transition Committee seems not to know where to draw the line in its mandate.
Ohaga has flagged the Transition Committee's decision to form the Independent Disciplinary Committee and the Arbitration Committee, terming it a contravention of the FKF statutes.
Ohaga said that the TC usurped the responsibilities of the judicial and standing committees legally constituted by the expelled federation.
He said that the TC had only replaced the FKF Executive Committee and not its sub-committees which were still in existence even after the federation was expelled in November.
“The Petitioners asserts in their pleadings that the Respondent within the period of their tenure has refused to acknowledge the existence of the duly appointed FKF bodies according to the FKF Constitution.”
The bodies in question include the FKF independent disciplinary committee, leagues and competition committee referees’ committee, medical committee, players status committee as well as the appointment committee.
According to FKF Nyamira county branch chairman, Luthers Mokua, it was only the National Executive Committee of the expelled federation that lost its mandate.
Mokua explained that all other committees are still intact and the TC, therefore, cannot purport to form a disciplinary committee as it did.
“That's precisely why Judge Ohaga nullified all the decisions made by the Independent Disciplinary Committee and the Arbitration Committee,” Mokua said.
In his ruling, Ohaga also said that such committees are creatures of the Football Kenya Federation constitution under Article 64 (1) (a) and Article 46 (1) (1) respectively.
It was with that in mind that he nullified all the decisions made by the TC-appointed Disciplinary Committee. Ohaga's decision was momentarily misinterpreted by a section of local football enthusiasts who thought he had actually nullified the entire 2021/2022 Kenyan Premier League season.
Image: REUTERS
Football Kenya Federation (FKF) Transition Committee later moved to allay fears as rumors took centre stage.
“What Ohaga simply said that such decisions rested squarely on the shoulders of the legally established FKF judicial bodies,” Mokua said.
High-profile football administrators are now demanding an immediate solution to the crisis that has seen several Kenyan teams locked out of international competitions.
On May 22, the continental football governing body, Caf unleashed a shocker, saying it had disqualified Kenya from the Africa Cup of Nations qualifiers. Caf said the decision was informed by Kenya's failure to adhere to demands set by Fifa.
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Then earlier in August, Tusker's hopes of flying the country's flag at the annual Caf Champions League for the second consecutive year after retaining their topflight title in June went up in smoke.
The Ruaraka-based brewers got omitted from the draw conducted by the continental football governing body, Caf in Morocco due to the existing Fifa ban.
The other casualties of the impasse were Kenya Women's Premier League (KWPL) champions, Vihiga Queens, who were excluded from the Caf Women Champions League — Cecafa zone qualifiers draw.
With the situation increasingly getting out of hand, Gor Mahia chairman Ambrose Rachier has urged the warring parties to bury the hatchet for the good of the country.
In an exclusive interview, Rachier said the country was already sick and tired of going around in circles.
“I don't understand why the government insists on extending the life of the Transition Committee because such decisions are not within any of the Fifa's statutes I'm familiar with. I know they mean well for the country but we need to find a lasting solution to the whole crisis,” Rachier said.
“I wouldn't want to involve myself so much in football politics. All I want to see is what the government will do to bring back the normalcy that we all desire,” Rachier said.
“I wouldn't blame the 13-man ad hoc committee constituted by football stakeholders. I believe they are also keen to witness the resumption of football activities in the country. That's what they are pushing for in my opinion,” Rachier said.
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But Rachier's colleague at AFC Leopards Dan Shikanda thinks otherwise.
Shikanda has urged KPL clubs to work closely with the FKF Transition Committee in resolving the myriad issues bedeviling local football.
Shikanda called on Kenyans to exercise a great deal of patience as Sports Cabinet Secretary, Amina Mohamed, seeks a lasting solution to the woes bedeviling the local football scene.
Shikanda said the CS was quite an in order in her sustained efforts to seek a permanent solution to the existing stalemate that has led to Kenya's suspension from international competitions.
“I'm confident the CS is doing her job to ensure we settle the issue once and for all. We need to get it all right,” Shikanda said.
“It takes quite some time to fix problems. Things were worse with the former federation. The future of the country can only be secured by using the right tools including a workable constitution,” Shikanda added.
Image: COURTESY
Former FKF chairman Sam Nyamweya reckons some members of the Transition Committee are out to capitalise on the current impasse to advance personal interests.
Nyamweya alleged that some unidentified members of the committee had hatched a plot to grab power through the back door in cahoots with delegates drawn from the FKF branches across the country.
“It is clear that some members of the Transition Committee and some self-seeking personalities who have in the past shown interest in using the backdoor to run Kenyan football have been misleading the FKF branch officials to form an Interim Committee to take over the running of football,” Nyamweya said.
Nyamweya has now dismissed their intentions as unlawful and inconsequential. “There is no provision in the FKF statutes that allows for the formation of an Interim Committee by the branches and any thought of this must be stopped forthwith,” Nyamweya said.
He called on stakeholders to respect the position taken by the government in resolving the standoff. “To bring back sanity, we must support the process the government is following, work with Fifa and all stakeholders, set up a Normalisation Committee and agree on a framework for fresh elections under both the Sports Act and Fifa statutes," he observed.
“We want a process that brings together all stakeholders from the grassroots to branch and County Football Associations including all active clubs in the country and not a few people charting us through a path of fresh anarchy in our game. It is time the views of each and every stakeholder is taken into account,” Nyamweya said.