By Lordvick Aduda ,
I wish to bring to the attention of all football stakeholders in Kenya that it is time to sort out a clear direction with respect to the governance of football in the Country.
We have in the past almost six months now had a federation without a substantive leadership accross it’s administrative strata with the mandate of the former office bearers having elapsed on the 10th February 2020.
This coupled with the fact that due to constitutional anomalies occassioned by the then leadership have seen the intended FKF elections nullified twice by the SDT.
This has hitherto rendered the actions currently being undertaken by the outgoing President and the Secretary General illegal in as so far as the FKF Constituion is concerned.
The purported reliance on Article 43(2) to discharge duties are without basis as the said Article does not confer any executive/veto authority to the out going Infact Article 43 is very illustrative on what the President does and what he cannot do.
Article 42 (1) The president represents FKF legally in so far as he has a legal mandate exercised during a term of office and nothing during the transition period.
(2) The president is primarily responsible for:
(i) Implementing decisions passed by the AGM and NEC
(ii) Ensuring effective functions of the bodies of FKF in order to achieve the objectives described in the Constituion
(iii) Supervising the work of the general Secretariat.
It is this breadth that I implore the stakeholders to understand that the current status of FKF is a recipe for chaos should the world governing body FIFA and CAF declare the resumption of Sporting Activities.
It is imperative that we set up a roadmap that will lead to a free, fair, transparent and all inclusive elections as a matter of urgency instead of the current circus of musical chairs.
This will enable the federation usher in legitimate leadership especially at the NEC level so that in accordance with Article 39 , the NEC can excersise the following Powers;
(i) Draw up regulations Governing the conditions of participation in and the staging of Competitions organized by the Association
(k) Approve Regulations stipulating how FKF shall be organized internally
(l) Ensure that the Constituion is applied and adopt the executive arrangements required for their application.
These Articles clearly spell where the governance authority of FKF lies,which definitely is neither with the transitional President nor the Secretary General.
I wish to clearly point out that Article 1(1) of the FKF Constituion is abundantly clear,”Football Kenya Federation is an organization of an associative nature registered in Kenya in compliance with the Sports Act No.25 of 2013 as a National Sports Organization.
However be it as it may the organization can not operate/ function in meeting it’s objectives without members.
The description of membership is stipulated in Part 2 of the Constituion and Article 10 (2) expressly states that admission may be granted if the applicant fulfills the requirements of Fkf in accordance with the Constitution.
We therefore realise that nobody can assume to be a member of FKF without fulfilling the requirements of the FKF Constituion, and it is a falasy for persons to cheat themselves to be officials of counties or be cheated to believe so.
Article 11- Gives explicit directives on admission of members of Fkf,
Article 1 (e) Lists the 48 Counties as Members of Fkf.
(2) Further stipulates that any legal person wishing to become a member of FKF shall apply in writing to the general Secretariat of Fkf.
(3) Directs that the application for membership must be accompanied by certain mandatory items core of which is (f) a declaration that it operates and is registered in Kenya, other relevant mandatory items are contained in (a),(g),(h) and(k) .
This particular Article in the FKF Constituion enabled the Registrar of Sports to issue 47 application forms to the leadership of Fkf who chose to ignore the process of advising the counties (branches) to comply.
It is myopic for the SG to purport to write letters which does not hold water in the guise of giving out warnings in complete contrast and violation of the Fkf Constituion,which apparently he should be the custodian.
The on going exercise of the registration of the County Football Associations are valid and in conformity with the Sports Act and the very Fkf Constituion upon which the Counties will apply for admission as members of Fkf and it is then that the elected officials shall have the mandate to exercise the members Rights including, the right to nominate persons for elections in the Fkf bodies as well as the right to vote at the elections.
As an aspirant for the position of Fkf President I call upon all the stakeholders to shelve the parochial political theatrics and ensure that we live true to the expectations and directions of the FKF Constituion and join efforts in ensuring that elections are conducted ahead of the resumption of Sporting Activities.
The writer is FKF Presidential aspirant