Ex-Harambee Stars midfielder challenges FKF Electoral Code at CAS as he calls for FIFA normalisation committee

Ex-Harambee Stars midfielder challenges FKF Electoral Code at CAS as he calls for FIFA normalisation committee

Mark Kinyanjui 21:05 - 07.09.2024

The former Gor Mahia and Harambee Stars midfielder, who is now an FKF Presidential aspirant has gone to the Court of Abitration for Sports challenging the recently amended FKF Electoral Code.

Football Kenya Federation (FKF) presidential hopeful Sammy ‘Kempes’ Owino has launched a legal battle against the Electoral Code that is set to guide the upcoming FKF elections.

The former Harambee Stars and Gor Mahia star filed a petition on September 3, at the Court of Arbitration for Sport (CAS) in Switzerland, seeking to overturn the controversial code.

The Electoral Code, revised from its 2020 version, was passed during a Special General Meeting (SGM) held by the FKF General Assembly on August 24. This new version aimed to address issues raised by stakeholders in previous elections. However, Kempes believes that the changes made fall short of ensuring a truly fair and transparent electoral process.

In a media briefing held in Nairobi on Saturday, Kempes, now a Software Engineer based in the United States, expressed his dissatisfaction with the code, stating, "The federation has and continues to be faced with legal challenges. The only sensible path forward to help the state of football for now is through a Normalization Committee by FIFA. These challenges are inevitable in view of the current situation regardless of who wins the upcoming elections."

The former player-turned-engineer stressed that the revised code will hinder qualified candidates and clubs from participating in the elections, further perpetuating FKF’s legal troubles. According to Kempes, while some adjustments were made, the heart of the problem remains unaddressed.

"The path initiated by FKF through the just concluded SGM will not result in a free, fair, and credible election. Instead, it will lock out qualified individuals and clubs from participating despite the electoral code changes that were made. It will also result in continued litigation," he emphasized.

One of Kempes’ major concerns is the clause that requires candidates for the FKF presidency to have been directly involved in football over the past two years, either as a player, coach, referee, club official, NEC member, or in other relevant roles. This clause, Kempes argues, could disqualify capable individuals who have contributed to football in ways not explicitly outlined in the code.

Despite living in the US, Kempes firmly rejected the notion that his dual citizenship could be a barrier to his candidacy. When questioned about whether being a US citizen presents a conflict of interest, Kempes confidently responded, “According to the constitution, dual citizenship only prevents you from running for specified positions in the government, and FKF presidency is not one of them. The courts have made decisions on that, so for me it is a non-issue.”

As the FKF elections draw closer, Kempes' legal challenge could shift the dynamics of the race. His call for a FIFA-appointed Normalization Committee signals his concerns about the current leadership’s ability to oversee a fair election process.

With his petition at CAS, all eyes are on how the court will respond and whether it will intervene in FKF’s electoral process. Kempes’ push for reforms highlights the ongoing struggle within Kenyan football governance, a battle that could shape the future of the sport in the country.

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