FIFA threaten to ban Kenya if FKF fail to conduct AGM leading to elections

World football governing body FIFA has warned that Kenya risk getting suspended following the recent happenings that saw the Football Kenya Federation (FKF) Annual General Meeting fail to take place as scheduled on 16 March 2024 as a result of a court order issued just hours to the event.

In a communique sent to FKF General Secretary Barry Otieno, FIFA expressed its concerns regarding the postponement of the AGM which was expected to pave way for elections later this year.

“We refer to your letter received on 16 March 2024 and to the order of the Mombasa High Court, dated 15 March 2024, in relation to an interim stay of the Annual General Meeting of the FKF which was scheduled to take place on 16 March 2024.

We have received with great concern the information regarding the postponement of the FKF Annual General Meeting due to the abovementioned court order issued less than 24 hours before the starting time of the said meeting.

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This order was issued despite the preparations of the General Meeting by the FKF, and the arrival of the delegates representing the Members of FKF who travelled from across the country in order to attend this important meeting.

A FIFA delegation was also in Nairobi in order to attend this meeting as observers. We also take note that the said order mentions that a hearing apparently was to take place on 18 March 2024,” the letter signed by Kenny Jean-Marie, FIFA’s Chief Member Associations Officer, read.

Aside from pointing out that disputes within the FKF shall not be submitted to ordinary courts unless the FIFA regulations provide recourse for such situations, FIFA cited interference in the recent order by the Mombasa High Court that stopped the AGM.

“We draw your attention to art. 69 of the FKF Statutes which expressly stipulates that "Disputes within the [FKF] or affecting leagues, members of leagues, clubs, members of clubs, players, officials and other [FKF] officials shall not be submitted to ordinary courts unless the FIFA regulations, [the FKF statutes] or binding legal provisions specifically provide for or stipulate recourse to ordinary courts."

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The aforementioned article is in line with one of FIFA's and CAF's core principles, that is, the prohibition of recourse to ordinary courts of law, unless specifically foreseen by FIFA regulations or binding legal provisions (cf. art. 58 par. 2 and 3 of the FIFA Statutes May 2022 edition).

FIFA and CAF take this principle with the utmost seriousness and therefore considers that it is the responsibility of the member associations, including the FKF, to ensure that it is implemented at their level through a binding obligation on its members.

We further wish to underline that a violation of this obligation by the FKF or its members may lead to sanctions as provided for in the FIFA Statutes, including a possible suspension,” the statement read.

FIFA warned that any further attempts to try and block the AGM from taking place would lead to the matter being escalated to the relevant bodies for consideration of possible sanctions.

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In addition, please note that the order of the Mombasa High Court dated 15 March 2024 appears to clearly amount to undue influence by third parties which could be considered as a violation of Article 19 paragraph 1 of the FIFA Statutes and Article 7 paragraph 1.g. of the CAF Statutes.

As a result, and irrespective of the outcome of the hearing to take place on 18 March 2024, FIFA takes the view that any further attempt by a third party to prevent the FKF Annual General Meeting from taking place might be considered a violation to the above-mentioned principle, which would oblige our institution to bring the matter to the attention of the relevant FIFA bodies for consideration of possible sanctions in line with the FIFA Statutes.

For the avoidance of doubt, please note that the infringement of the aforementioned provisions of the FIFA and CAF Statutes may give rise to grounds for the suspension of FKF irrespective of whether the infringement was attributed to FKF or not.

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Implications of a FIFA suspension

·       A suspended member association may not exercise any of its membership rights. Other member associations may not entertain sporting contact with a suspended member association. The Disciplinary Committee may impose further sanctions (cf. art. 16 par. 3 of the FIFA Statutes).

·       A suspended member association loses all its membership rights, as defined in art. 13 of the FIFA Statutes, with immediate effect and until further notice.

·       Likewise, the representative teams as well as the affiliated clubs of this federation can no longer take part in international competitions until the suspension has been lifted.

FIFA’s direction

In view of the foregoing, the FKF is directed to conduct its Annual General Meeting soon and to continue working towards conducting the FKF elections scheduled to be held this year.

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