FIFA has formally warned the Football Kenya Federation (FKF) about the rising number of football-related disputes being taken to Kenyan courts. In a letter dated 5 October, signed by FIFA Chief Member Associations Officer Elkhan Mammadov, the federation was reminded that its constitution obliges it to resolve football disputes through recognised arbitration bodies rather than ordinary courts. This warning comes amid a prolonged leadership dispute within FKF.
The leadership dispute within FKF pits President Hussein Mohammed against Deputy McDonald Mariga and other NEC members over financial accountability and federation management. The internal conflict has spilled into the courts, with both sides contesting decisions on leadership and management. This has disrupted NEC meetings, leaving the committee short of the quorum needed to conduct business. As a result, key decisions and actions have been delayed.
Mammadov highlighted that recent court cases involve issues such as competition organisation, elections, membership and disciplinary decisions, all of which fall within the scope of football governance. He cited Article 69 of FIFA’s 2017 constitution, which requires disputes to be heard by independent arbitration tribunals recognised by FKF or CAF, or by the Court of Arbitration for Sport in Switzerland. This is a clear directive for FKF to adhere to.
FIFA’s warning emphasizes that its statutes bar member associations from taking football matters to ordinary courts unless FIFA rules or national law expressly allow it. This includes provisions for temporary court orders. The letter serves as a formal caution to FKF, stressing the importance of maintaining the autonomy of football governance and avoiding external judicial interference.
While FIFA did not announce immediate sanctions, the letter warned that any breach of the autonomy principle could be referred to FIFA’s competent bodies for appropriate measures under the statutes. This could potentially lead to disciplinary action against FKF if the federation fails to comply with FIFA’s directives. The situation is being closely monitored by football stakeholders.
The FKF leadership dispute has been ongoing, with tensions rising over issues of financial accountability and management. Court cases have been filed by both factions, each seeking validation of their claims to leadership. This has created uncertainty and instability within the federation, affecting the administration of football in Kenya.
Key points from FIFA’s warning include the obligation to use recognised arbitration bodies for football disputes and the potential for disciplinary action if FKF fails to comply. The federation must now take steps to align its practices with FIFA’s statutes and resolve the ongoing leadership dispute through appropriate channels. Failure to do so may result in sanctions from FIFA.
Key points
- FIFA warns FKF over court cases, citing breaches of its statutes.
- Ongoing leadership dispute within FKF disrupts NEC meetings and football governance.
- Potential sanctions may be imposed on FKF if it fails to comply with FIFA’s directives.
