Football stakeholders have called for government intervention to ensure free ,credible and fair Football Kenya Federation elections set for later this year.
Addressing the media on Wednesday the stakeholders led by Kenya Soccer Players Association (KESPA) President Harold Ndege ,they questioned some of the laid out election laws which they termed discriminatory and are meant to provide advantage to some candidates .
According to Ndege the electoral laws need to be repealed before the election date is announced.
Among the laws that the group seeks for its review include on the formation of the electoral board and domiciled at Kandanda house and instead Independent electoral and boundaries Board IEBC should be mandated to conduct the election and operate from a neutral location.
Section 2 (c) of the FKF election code 2020 proposes that the FKF secretary general may attend the FKF electoral board meetings in an advisory capacity with no vote. This is a conflict of interest within the current administration at FKF.
He can advise via emails without being present in the meetings.
Under section 2 (g) of the same code proposes the headquarters of FKF (Kandanda House – Goal Project) to be the same office as that of the electoral board – Another epitome of conflict of interest.
Section 3 of the same code: The Electoral Board – Establishment and Composition, says that:
“The members of the Electoral board shall be proposed by the FKF National Executive Committee at the FKF General Assembly preceding the elective general assembly for ratification.
The FKF National Executive Committee shall also propose to the FKF General Assembly for ratification three substitutes.”
It’s preposterous for members of NEC to propose names to the same election board that will oversee elections that some of them & their colleagues will contest. It’s a conflict of interest.
Section 4 of the same election code containing the Candidate Eligibility criterion was nullified and voided by the Sports Dispute Tribunal under consolidated case no.
The ruling was as follows:
“A declaration that the eligibility criteria at Section 4 of the 2020 Electoral Code are unreasonable and designed to lock out potential aspirants and is therefore a gross violation of the principle of free and fair elections contemplated by Section 46 (6) as read with Paragraph (d) of the Second Schedule to the Sports Act and Article 81 of the Constitution of Kenya 2010”
The SDT also ruled: “Therefore, an order be and is issued declaring the intended sections and the process towards these elections unlawful for non-compliance with article 38 and 81 of the constitution of Kenya”
“Through the resolutions passed by the NEC on the said date & the highlighted illegalities of the FKF electoral code 2020 read together with the SDT ruling, it’s crystal clear that the FKF election code 2020 cannot even convince a wet paint to dry that through her a free and fair sub county, county and national elections will be conducted.”said Ndege
The said FKF electoral code 2020 is not aligned with Sports Registrar Regulation Act 2016, taking into consideration that FKF is registered under Sports Act 2013 article 47, and evident in article 1.1 of the FKF constitution 2017 which states that:
” FKF is an organisation of an associative nature registered in
Kenya in compliance with Sports Act No.25 of 2013 as a National Sports Organization.”
By passing these illegalities within the electoral code as resolutions at the NEC meeting, we read mischief:
That:
i. The use of the illegal candidate eligibility criterion would open a Pandora’s box of court cases challenging it, which may cause the delay of the elections and hence prolong the stay of the current regime beyond the end of their term of October 2024
ii. The code is designed to have a winner even before the commencement of the elections. This is by denying Kenyan citizens who fund the same FKF an opportunity to seek leadership positions.
iii. There’ll be a recycling of illegalities and bad governance generated from the previous & current elections plus administrations at FKF eroding the confidence of many a stakeholders of Kenyan football and hence continue to dwindle the standards of the game and destroy the lives and livelihoods of the Kenyan youth
FIFA statute 3 – Human rights, says that FIFA is committed to respecting all internationally recognized human rights and shall strive to promote the protection of these rights.
The FKF electoral code of 2020 is conspicuously contrary to these principles.
Allowing this code to be utilized in the FKF elections in toto will be disrespect to & against the fundamental human rights of football stakeholders in Kenya, the Kenyan populace, an affront to the constitution of Kenya 2010 and contrary to the FIFA statute of respecting human rights.
Among the groups demands include:-
i. The election be conducted by an independent institution , Independent Electoral & Boundary Commission of Kenya – the IEBC, so as to have an election that is free, fair & transparent, with no intimidations and that which will have the correct & valid voter register.
ii. FKF conduct all the elections from the grassroots to the national level following the laws and constitution of Kenya to the letter. The FKF constitution is surbordinate to the laws & constitution of the republic of Kenya & not vice versa.
The group is calling on abolishment of the candidate eligibility criteria terming it illegal.
iii. That the FIFA, Confederation of African Football, Sports Dispute Tribunal, Registrar of Sports, the Ethics & Anti-Corruption Commission, the Directorate of Criminal Investigation & Cabinet Secretary of Youth, Sports & the Creative Economy & the Principal Secretary Ministry of Sports should take note of the illegalities within the election code and take action at those responsible of aiding and abetting those illegalities.
FKF elections is set to be held this year with a yet to be announced date, but the Presidency has already attracted several candidates among them Extreme Sports Chief Executive officer Hussein Mohammed ,Tom Alila and Sammy Owino Kempes.
