FIFA directs FKF to disregard court order and proceed with AGM

In a letter to FKF CEO Barry Otieno, FIFA’s Chief Member Associations Officer, Kenny Jean-Marie, warned against involvement of regular courts in football affairs adding that the Mombasa High Court order amounted to undue influence by third parties.

The FIFA directive is likely to put FKF in an awkward situation regarding whether to follow the laws of land or be guided by the world governing body directives.

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

“In this respect and first of all, 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,” read part of FIFA’s letter.

FIFA warned of potential sanctions, including a suspension on FKF should the stalemate persist.

“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.”

The AGM, originally scheduled for March 16, was halted following a court order from Mombasa that also threw the October elections to uncertainty.

“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,” Jean-Marie added.

The Mombasa High Court gave the order, suspending the AGM until the hearing of the petition filed by sports journalist Milton Nyakundi is heard and determined.