Fifa has threatened Kenya with sanctions in the event a High Court case challenging the composition of Football Kenya Federation’s (FKF) Electoral Board rules in favour of the petitioner.
In an email sent to FKF secretary-general Barry Otieno on Wednesday, the world governing body’s acting chief members’ associations’ officer Veron Mosengo also explained that the petitioner could be suspended from football activities.
This letter which was copied to the Confederation of African Football (Caf) Monsengo reminded FKF that disagreements within the sport must not be shall not be submitted to ordinary courts.
“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, or FKF statutes, or binding legal provisions specifically provide for or stipulate recourse to ordinary courts,” the letter stated.
“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 possible suspension.”
The case at the High Court has been filed by George Mwaura, who is seeking orders to stop the upcoming elections until the composition of the board and the FKF Electoral Code that was adopted during the FKF Annual General Meeting are addressed.
Mwaura specifically wants Professor Edwin Wamukoya and Elynah Shiveka serve as chair and member of the board who respectively removed from the board.
He claims Wamukoya has previously served as a member of the FKF Appeals Board whilst Shiveka serves as a member of the Sports and Disputes Tribunal. Thus both cannot be said to be neutral.
Should Fifa follow through this threat and suspend Mwaura and Kenya, Harambee Stars would be barred from competition in the 2021 Africa Cup of Nations qualifiers which begin next month, as well as the 2019 Cecafa Senior Challenge Cup in Uganda, come December.
Harambee Starlets too will be denied a chance of competing against Zambia in the 2020 Olympics qualifiers whilst Kenyan Premier League champions Gor Mahia will also be immediately excluded from competing in the Caf Confederation Cup with a game against Congolese club DC Motema Pembe primed for this weekend. Bandari’s continental fairytale run too will also be affected.
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