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Post by : admin

FOOTBALL KENYA FEDERATION TRANSITION COMMITTEE.

Photo Via Facebook


In a long post on his Facebook page, the Zoo Kericho FC boss and renowned lawyer posted the following:
“Am going to ask a few questions on the hereinabove subject matter. Am not expecting any answers but I will ask them anyway because no one has and no one probably will.

The Cabinet Secretary, the Ministry of Sports, Culture and Heritage vide a Kenya Gazette Notice No. 5518 dated 13th May 2022 has purportedly appointed what she has conveniently named a “Football Kenya Federation Transition Committee” with the same membership as the defunct Football Kenya Federation Caretaker Committee, save conspicuously for one Titus Kasuve and a few others. This it is professed is in exercise of the powers conferred to the Cabinet Secretary by Section 54(1) of the Sports Act No. 25 of 2013.

The mandate of the Transition Committee, that has been backdated to 11th May 2022, is for a period of five (5) weeks and includes: conducting all affairs of the FKF in accordance with its Constitution, ensuring the FKF operates within the provision of the Sports Act, coordinating and ensuring the smooth running of FKF’s operations, including team preparations for local and international sports events and coordination and facilitation of the validation of the draft FKF Constitution.

Its predecessor, the Caretaker Committee, was appointed by the said Cabinet Secretary on 11th November 2021 vide a Kenya Gazette Notice No. 12374 in lieu of the FKF National Executive Committee. This was also in exercise of the powers conferred to her by Section 54(1) of the Sports Act No. 25 of 2013.

The mandate of the Caretaker Committee, which was couched in a similar language, lasted for a period of six (6) months and included: conducting all affairs of the FKF in accordance with its Constitution, coordination of election of new officials and handing over the management of the FKF to the said newly elected officials.

Save for the financial boost that they gave FKFPL and NSL clubs, its tenure was to say the least disappointing. The same was marred by non-resolution of match day disputes, cancellation or postponement of matches, boycott by referees and lack of functional standing committees and lack of judicial bodies. Complains cases of poor officiating, assault and non-payment of match officials, match fixing and many others also went unresolved. The said committee basically lacked the capacity to address these important issues in the running of football. They were running a juggernaut FKF structure composed of hundreds of personnel with a group of 5 people.

At the end of its term the Caretaker Committee hurriedly prepared and left us with the so called “Report of the FKF Caretaker Committee dated 10/5/2022” which at pg. 6 and 7 made a raft of recommendations that were to be in reality, with a benefit of hindsight, adopted by the Transition Committee guised as the FKF.

I dare at this juncture ask, when will the “coordination of election of new officials and handing over the management of the FKF to the said newly elected officials” part of the Caretaker Committee mandate ever be realised? How will the same be under the current Committee? Was establishment of the Transition Committee a recommendation of the Caretaker Committee that was not brought to our attention? Whatever happened to consulting the stakeholders before the Transition Committee was appointed or commenced its work.

Section 54(1) of the Sports Act No. 25 of 2013 provides:

“Where a sport organisation fails to comply with THE RECOMMENDATIONS OF AN
INSPECTION, the Cabinet Secretary may: –

a) Appoint any person or committee to assume the management, control and conduct of the affairs of a sports organisation, to exercise the powers and functions of the sports organisation to the exclusion of its officials, including the use of its corporate seal, where the sports organisation concerned has been unable to conduct its affairs in a proper manner; or

b)
Remove any official of a sports organisation who, in the opinion of the CS, has caused or contributed to any contravention of any provision of this Act, or any regulations or directions made thereunder or to any deterioration in the financial stability of the sports organisation or has conducted himself in a manner which is detrimental to the interest of the relevant sporting discipline, or which has brought the sporting discipline into disrepute.”

Under Section 54(2) it is however prescribed that “the appointment of a person or committee under this section shall….NOT EXCEED SIX MONTHS.”

In all practical purposes, is the Transition Committee “another” committee as we are made to believe or is it a metamorphosis or rather a vehicle for execution of the extended mandate of the Caretaker Committee?

As I had earlier stated, save for Mr. Titus Kasuve and a few others, its membership is comprised of the same persons, so are its officials. The mandate of the Caretaker Committee, its noteworthy, lapsed on 11/5/2022 at 2400hrs. The mandate of the Transition Committee on the other hand was retrospectively commenced on 11/5/2022 at 0000hrs. This ordinarily can be deduced that on that day, “two (2)” committees ran FKF affairs, at least for 24 hours, if we were to accept any narrative that these are two different committees. These weekend’s match fixtures were drawn by the latter committee so was the appointment of referees to officiate the matches. A letter from the former committee confirming “continuation” of the Leagues has since been dispatched by their joint CEO. Save for the name, the committees are one and the same and, in violation of Section 54(2) cited above, the Cabinet Secretary extended the term of the Caretaker Committee.

In FKF & 2 others vs The CS & 5 Other E 473 of 2021 the court ordered that the Inspection Report required under Section 54(1) be served upon FKF within 14 days of the judgement that was delivered on 10/5/2022. So which report did the Cabinet Secretary rely on non- compliance of which gave her the power to appoint the Transition Committee or rather basically extend the term of the Caretaker Committee? Curiously, a day after the court’s orders was barely over before the new committee’s term commenced.

I dare also ask, what is the Transition Committee transiting to? What is their end game? How is “conducting all affairs of the FKF in accordance with its Constitution, ensuring the FKF operates within the provision of the Sports Act, coordinating and ensuring the smooth running of FKF’s operations, including team preparations for local and international sports events and coordination and facilitation of the validation of the draft FKF Constitution” transitional a mandate?

Zachary Oguda, photo Via Facebook

Zax Oguda has stated somewhere that “football leadership in this country is a profitable enterprise. Those who have tasted its sweetness will do anything to stay around for as long as they can and this is where the problem lies”. Power surely corrupts.

The problem also lies with the football clubs; I have so said before, So has Zax. How we allow matches to go on with referees who are “hungry” beats me. How we continue playing with match day disputes still pending determination and many a matches remaining unplayed is blasphemous. The Sports Tribunal on some recent match day disputes involving Ulinzi Stars FC, Sofapaka FC, Gor Mahia FC, Dandora Love FC, MCF FC that were presented to it for determination correctly held that the Caretaker Committee and now by extension the Transition Committee has no capacity to determine such disputes as attempting to so do will offend the rules of natural justice. How we expect to continue running our football without a functional Leagues and Competitions Committee, Disciplinary Committee and Appeals Committee is just unforgivable. Football is much more than releasing fixtures and appointing referees. If you also keenly follow the FKFPL and the NSL, you will realise that owing to the disputes alluded to above the first leg has not been concluded. I can authoritatively state that 7 or so NSL first leg matches have not been played which scenario will eventually vitiate the season. Where are we rushing to? Can’t we even be given the benefit of implementing the recommendations in the “Report of the FKF Caretaker Committee dated 10/5/2022”?

Through one Luthers Mokua, members of FKF on 11/5/22 pursuant to the judgement in FKF & 2 others vs The CS & 5 Other E 473 of 2021 convened a consultative meeting slated for 21/5/22 that should among other things discuss the recommendations of the Caretaker Committee. That court did not also reverse the disbandment of the FKF National Executive Committee which is an issue which can only be addressed by the FKF membership.

We will experience poor officiating because match officials are not answerable to anyone some of whom, only to the highest bidder. Some also officiate up to 4 matches in a weekend, what is the motivation? Ama wanapenda ball sana? Is it possible for them to give their best? Matches will continue being manipulated, its an open secret that they are to the detriment of team owners and sponsors and more so in this anarchy perpetrated by the government. Referees wataendelea kupigwa tu. Walkovers will persist. Anarchy will continue prevailing. Who cares?

Anyway, in five weeks NSL and other leagues will still have upto 10 matches to go. Should we prepare for a “Burial Committee” to complete this nonsense? Our football is dead. We will always get empty promises from those interested in vying but fulfilling is a problem.”

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