High Court upholds ban hindering FKF from holding AGM

High Court upholds ban hindering FKF from holding AGM

Mark Kinyanjui 16:18 - 30.07.2024

The high court has decided to uphold the ban it imposed on FKF from holding its AGM until October.

The Football Kenya Federation (FKF) has encountered a significant obstacle following a ruling by the High Court of Kenya to extend the period prohibiting its National Executive Council (FKFNEC) from conducting its Annual General Meeting (AGM).

The extension order, initially issued in March 2024 by sports journalist Milton Ochieng, will now remain in effect until October 7, 2024. This decision delays the AGM, which was scheduled to address various critical issues, including the upcoming elections as mandated by the federation’s constitution.

“Application dated 26/7/2024 has been considered. Let it be served and parties attend court for hearing interparties on 7/10/2024,” read the dispatch signed by Justice Janet Mulwa.

The order explicitly prohibits the respondents from convening any AGM or taking any actions on behalf of the federation until the application is heard in court. “In the interim, the respondents are hereby prohibited from calling any AGM of the federation or doing any act on behalf of the federation as prayed for in the motion pending hearing of the application,” the dispatch continued.

FKF President Nick Mwendwa, the respondent in the case, expressed frustration over the delay during the FKF Awards gala on Friday. He highlighted the federation's intention to host the AGM to outline procedures for the next elections, pending the court's decision.

“We were prevented from doing our AGM, from setting up the mechanism to conduct elections by fellows who went to court but now (we hope) it will have been revoked,” Mwendwa told the media. 

“Now, we will have our AGM in place, in days in fact, and once we do, we will set off the mechanisms for elections with this organization. That is why I said most likely in December, most likely in January, but the process will start soon in earnest."

Mwendwa remained ambiguous about his potential candidacy for re-election. “Those who want to lead this organization have a chance, a clean chance to compete, a clean chance to convince delegates of their vision to compete with what we have done and carry this nation forward,” he stated.

When pressed about his candidacy, Mwendwa responded, “It is good you wait and see. I am going to go to the Dominican Republic and come back, maybe with the trophy, and then we can have that conversation. Politics of football is not something that should be contested like that.”

The High Court's decision to extend the ban on FKF's AGM presents a considerable challenge for the federation, delaying essential discussions and preparations for the upcoming elections. 

As the October hearing approaches, all eyes will be on the court's final ruling and the subsequent steps FKF will take to navigate this period of uncertainty.

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