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A section of FKF delegates have expressed reservations over certain clauses of the Electoral Code which they deem not designed for free and fair polls ahead of a Special General Meeting.
A section of Football Kenya Federation (FKF) delegates are up in arms over the Electoral Code which will be used in the highly-awaited elections.
The FKF elections are expected to take place this year but some delegates have expressed reservations over certain clauses of the Electoral Code with members set to vote on its adoption at a Special General Meeting (SGM) this weekend.
FKF early this year announce that the Electoral Code used to conduct the 2020 elections is the same that will be used for this year’s polls but a section of delegates feel it contains certain clauses that will not make the exercise free and fair.
Their bone of contention is that besides the Electoral Board being composed of the chairman, secretary and at least three other members, the code grants the FKF General Secretary elaborate roles in the electoral process, questioning its impartiality and independence.
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“Specifically, Section 3 (1) (c) grants the General Secretary the authority to attend board meetings albeit in an advisory capacity,” reads part of the clauses they are not comfortable with.
“Other instances include: Section 3 (1) (h)- The FKF GS shall whenever required by the Electoral Board, assist and carry out administrative tasks for the Electoral Board;
“Section 3 (2) (g)- The Electoral Board may decide to also supervise sub-county elections by requesting one or more of its members to carry such task. In the event that no member(s) of the Electoral Board are available to supervise these elections, such task may be entrusted to the FKF General Secretariat;
“Section 6 (C)- The General Secretary shall put the ballot papers that have been collected and counted into envelopes intended for this purpose and seal them immediately. The General Secretary shall keep these envelopes and destroy them 100 days after the end of the General Meeting;
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“Section 3 (1) (g)- The headquarters of the Electoral Board shall be the same as the FKF Headquarters, unless the Electoral Board itself decides otherwise.”
The delegates feel the direct involvement of the General Secretary in the affairs and conduct of the elections by the Electoral Board does not guarantee a free, fair, credible and impartial election.
They also feel the elaborate roles granted to the General Secretary amount to a breach of independence and also creates a potential risk, especially if the person holding the office decides to contest in the polls.
The delegates are therefore recommending changes to avoid another legal tussle as witnessed before the 2020 polls when certain sections of the Electoral Code were deemed null and void by the Sports Disputes Tribunal.
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“In order prevent potential breaches, the proposal by members is as follows: The Secretary of the Board takes over all the roles that have been granted to the General Secretary,” reads part of their recommendations.
“The headquarters of the Board be changed to prevent any potential interference in the running of its affairs and the Board invokes Section 3 (2) (f) and appoint an independent body, institution or individual to conduct the entire elections, preferably the IEBC."
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