FKF to hold SGM amidst doubts over its legality

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Football Kenya Federation president Nick Mwendwa address journalists at Safari Park hotel, Nairobi on December 7, 2019.

The Football Kenya Federation will hold a Special General Meeting on Tuesday morning at Safari Park Hotel, Nairobi to discuss the body’s elections that were suspended last year.

Delegates are expected to approve the proposed members of the electoral board, thereby paving the way for the federation elections that were cancelled in December by the Sports Dispute Tribunal.

However, some delegates have raised concerns over the manner in which the SGM was called, and the eligibility of those expected to attend.

A letter addressed to FKF Chief Executive Officer Barry Otieno on behalf of a Kenyan Premier League club has faulted the federation for breaching Article 31 (4) of its own constitution by issuing the notice for the SGM late, and inviting members whose terms in office have expired.

Otieno however maintained that the meeting will go on as planned, and that he did not expect any squabbles from the delegates.

“We have invited our members so that they can have a say in the election. We hope to have fruitful discussions which will clear the way for a credible election to be held. We have met all the recommendations that were tabled by the Sports Disputes Tribunal, including public participation, and we invite the members to come and have their say as we look to complete this process,” he said.

Former FKF president Sam Nyamweya, who was one of the petitioners in the case that FKF lost at the SDT last month, has cautioned FKF officials against holding an illegal meeting saying: “That meeting is illegal based on the fact that most of the members’ terms have expired, so they cannot have quorum. Only club officials are eligible to attend that meeting. So they are time barred.”

The FKF elections were initially scheduled for December 7, but were cancelled by the SDT on grounds that there wasn’t enough public participation done during the process.

Ohaga also stated that FKF’s Electoral Board was not properly constituted, as some members such as veteran journalist Elynah Shiveka were not eligible to sit on it. SDT also cancelled the branch elections which had been conducted on November 27, and directed that federation president Nick Mwendwa, his deputy Doris Petra, and the National Executive Committee (NEC) members remain in office to facilitate fresh elections.

Meanwhile, Mwendwa, Petra and Otieno will travel to Zurich on Wednesday this week accompanied by Sports Registrar Rose Wasike and Sports Cabinet Secretary Amina Mohammed for a consultative meeting with Fifa regarding the elections.

This will be the second meeting between Fifa and the Kenyan sports administrators. They first met in December this year, just after the initial elections were cancelled.

A total of 78 delegates are expected to vote in the elections, but the terms of 40 branch officials representing the 20 FKF branches, which is four years expired on January 26, 2020, according to the federation’s constitution.

The coaches and referees associations have not conducted their own elections and are therefore ineligible to vote, which leaves the number of eligible delegates at 36 so far.

Article 25 of the FKF Constitution on Quorum of the General Assembly states that decisions passed by the General Assembly shall only be valid if more than 50 per cent of the delegates representing the members eligible to vote are present.

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