Three go to High Court seeking to bar Sports Fund from financing FKF

Sports Fund CEO Nuh Ibrahim. Three individuals are compeling his comitee to stop funding FKF

Three go to High Court seeking to bar Sports Fund from financing FKF

Mark Kinyanjui 15:45 - 18.07.2024

The three individuals have filed a petition to the High Court arguing that FKF remains an illegal entity following its initial disbandment in 2021.

Three individuals have filed a petition to the High Court of Kenya in Nairobi, seeking to compel the Ministry of Sports through the Sports Fund to stop funding Football Kenya Federation (FKF).

The case (HCJR NO. E080 of 2024 - PHILIP NYINGI MAINA & 2 OTHERS VS CS SPORTS, PS SPORTS, CEO SPORTS FUND, SPORTS REGISTRAR & FKF) has been brought by three applicants who argue that FKF remains an illegal entity following its disbandment in 2021.

The applicants are requesting the court to compel the incoming Cabinet Secretary for Sports , the Principal Secretary for Sports Peter Tum, and the CEO of the Sports Fund Nuh Ibrahim to cease disbursing public funds to FKF. 

The disbandment of FKF was executed through Gazette Notice No. 12374, issued by the then CS for Sports, and remains in force.

FKF's financial records indicate ongoing receipt of funds from the Ministry via the Sports Fund, prompting the lawsuit. The applicants argue that public funds should not be allocated to an entity deemed illegal by a government directive.

The issues for determination in the lawsuit include:

  1. An order to quash the decision by the former CS Sports Ababu Namwamba to reinstate the disbanded officials of the FKF National Executive Committee (NEC).

  1. An order to quash the decision by the CS Sports, PS Sports, and CEO Sports Fund to disburse public funds to FKF.

The matter is currently being assessed by Justice Jairus Ngaah.

Background

On October 18, 2021, the Sports Registrar Rose Wasike appointed an inspection committee under section 52(1) of the Sports Act No. 25 of 2013.

 The committee submitted its report on November 5, 2021, which was then forwarded to the Cabinet Secretary for Sports Amina Mohammed for implementation pursuant to section 54 of the Sports Act 2013. 

Upon reviewing the report, Mohammed disbanded the entire National Executive Committee of FKF and appointed a caretaker committee to manage its affairs.

The disbandment was part of efforts to address issues within FKF, but despite the official dissolution, financial support from the Sports Fund has continued, leading to the current legal challenge.

The court's intervention is sought to ensure compliance with the 2021 directive and to prevent the allocation of public funds to FKF until the legal status of the federation is resolved. 

It is not the only legal petition FKF are facing. In March, the Annual General Meeting which was set to address some matters including when the next election dates were held was halted by a court in Mombasa, which questioned the legality of the committee.

“More will be communicated when the court allows for the AGM process to proceed,” CEO Barry Otieno said when questioned by the media about accreditation for the meeting.

Tags: