Deciphering Kenyan football impasse

Genesis

Mwendwa’s woes originated from a US$ 2.2 million that the government had given the federation to prepare the team for the 2020 Africa Cup of Nations (Afcon) that was held in Egypt.

 It is alleged that he used the funds to transport his close associates and paid their and his per diem allowances of over $1,400 per person day. 

He is also accused of corruption including embezzlement of $1 million funds from Fifa meant to buy an Outside broadcasting van for the production of games.

The Afcon case was first revealed to the public last year after an investigative story by the Daily Nation in April. 

The story was voted among the top five investigative features from the continent by the International Press Association, AIPS.

Another journalist, Milton Nyakundi escalated the Mwendwa-led federation’s woes after filing a complaint with the country’s Directorate of Criminal Investigation to investigate fraud and illegal transfer of over $100,000 at the body. The headlines caught the eye of the country’s Sports Cabinet Secretary Amina Mohamed.

Letter to Fifa

Last month, Amina wrote to Fifa president Gianni Infantino expressing disappointment at the state of the game in the country which was deteriorating. 

She officially notified Fifa that she had “directed the Registrar of Sports to undertake an inspection of the FKF [and its accounts].”

Amina complained about poor governance at FKF, lack of proper Governance structures, constant conflicts between clubs and the federation, poor selection of players to national teams and haphazard hiring and firing of the coaches.

She further sought a direct meeting with Infantino at a time and location of his convenience.

Infantino has not yet honoured the request but Fifa gave a green light for the probe to go on. Last month, Mwendwa was dealt another blow by the High Court in Nairobi, throwing out his petition to stop authorities from investigating and prosecuting him.

Amina’s ministry asked FKF to submit 34 documents mainly relating to finances which were scrutinized by a select committee.

Caretaker committee

The initial probe into the federation left a lot of questions unanswered. The committee, therefore, recommended that higher investigative units conduct further investigations, the FKF disbanded and the accounts frozen and a caretaker committee is appointed.

Amina effected all the recommendations and on Thursday last week, appointed a caretaker committee led by former anti-graft director and retired Justice Aaron Ringera. 

The committee comprises 15 board members and another dozen to run the secretariat. 

They’re is mandated to run the federation and oversee smooth elections and handover of power to new officials. The caretaker committee suspended all leagues until further notice.

Looming ban

The defiant FKF strongly rejected the move with a subsequent statement just hours after claiming the whole process was “in bad faith, carried out to achieve a predetermined outcome.

“FKF REJECTS the committee and will carry out operations as usual,” read part of their reaction. Mwendwa was arrested that same day and the Chief Executive Officer Barry Otieno who signed the letter reportedly taken in on Saturday night.

Fifa, too, reacted negatively. Reminding the Kenyan government of the provisions in the Fifa statutes that require associations to be allowed to run independently without third-party interference. Their greatest line of defense!

“In esse, We consider the aforementioned decision by the… undoubtedly contrary to the above principle.

“Should this be considered, as undue government interference, it could lead to a ban imposed on the FKF [Kenya].”

Fifa, though, offered to discuss with the government of Kenya and embattled FKF officials to reach an amicable solution.

The Fifa statutes give the governing body exclusive powers to dismiss elected federation officials and their staff if found guilty of such crimes and also the authority to appoint normalisation committees under such circumstances.