World football governing body FIFA has issued a warning to Kenya over the postponement of the Football Kenya Federation (FKF) Annual General Meeting.
The threat of a ban looms large as FIFA asserts its authority and emphasizes adherence to its statutes.
A court order from the Mombasa High Court promoted FIFA to intervene, pointing out out the importance of resolving disputes within football’s regulatory framework rather than through legal channels.
Concerns Raised by FIFA
In a letter addressed to Barry Otieno, the General Secretary of FKF, FIFA expressed deep concern over the last-minute postponement of the General Meeting due to a court order issued just hours before its scheduled commencement.
The abrupt halt of proceedings disrupted not only the FKF’s plans but also inconvenienced delegates who had traveled from various parts of the country to attend the crucial gathering.
Additionally, FIFA had deployed a delegation to Nairobi to observe the proceedings, further highlighting the significance of the event.
Central to FIFA’s argument is Article 69 of the FKF Statutes, which explicitly prohibits disputes within the federation from being brought before ordinary courts unless specified otherwise by FIFA regulations or binding legal provisions.
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This principle aligns with FIFA’s broader stance on the autonomy of football governance and the exclusive jurisdiction of its regulatory bodies in resolving internal disputes.
Any deviation from this principle, as indicated by the court order, raises serious concerns for FIFA and may warrant disciplinary action.
Possible Suspension of FKF
FIFA underscores the gravity of the situation by invoking potential sanctions outlined in its statutes, including the possibility of suspending the FKF.
Such a suspension would entail severe consequences, including the loss of membership rights for the FKF and its affiliated clubs, as well as exclusion from international competitions until the suspension is lifted.
The threat of suspension serves as a stark reminder of the repercussions of non-compliance with FIFA’s directives and statutes.
Moreover, FIFA highlights the issue of undue influence by third parties, as evidenced by the court order, which contravenes Article 19 of the FIFA Statutes and Article 7 of the CAF Statutes.
“The undue interference in the affairs of the FKF undermines the autonomy of football governance and compromises the integrity of the sport,” stated the statement from FIFA.
FIFA warned against any further attempts to impede the General Meeting, stressing the need for the FKF to uphold the principles of football governance enshrined in its statutes.
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The letter concludes with a directive for the FKF to expedite the rescheduling of the Annual General Meeting and proceed with the planned elections.
“Failure to comply with FIFA’s instructions may result in further escalation of the matter and imposition of sanctions by FIFA’s disciplinary bodies,” reads the FIFA statement.
FIFA expects full cooperation from the FKF in resolving the issue and emphasizes the importance of maintaining the integrity of football governance at all levels.
FIFA Ban on Kenya
During the 18th FIFA Congress videoconference session convened on Thursday, February 24, 2022, FIFA President Gianni Infantino declared the imposition of bans on two member associations, Kenya and Zimbabwe.
The suspension stemmed from government interference in the operations of these football associations.
“We have taken the decision to suspend two of our member associations—Kenya and Zimbabwe. This action comes as a result of government interference in the affairs of these football associations. As a consequence, both associations are barred from engaging in football activities with immediate effect. They are aware of the steps necessary for their reinstatement or for the suspension to be revoked,” stated Gianni Infantino during the congress session.
However, FIFA lifted the ban nine months later, handing Kenya a sigh of relief.
“The Bureau of the FIFA Council decided to lift the suspension that was imposed on the Football Kenya Federation (FKF) in February 2022 in accordance with article 16 of the FIFA Statutes.
“The decision was taken following a letter sent by FKF General Secretary Barry Otieno to FIFA, in which he confirmed that the Kenyan government, as represented by the newly appointed Cabinet Secretary for Sports, the Hon. Ababu Namwamba, had reinstated the FKF Executive Committee with immediate effect,” said FIFA in a statement.
