Nick Mwendwa FKF President.Goal Kenya.

FKF Elections: Mwendwa snubs SDT's consultative meeting with stakeholders

Football Kenya Federation (FKF) will not be part of the football stakeholder's meeting called by Sports Disputes Tribunal (SDT) slated for Tuesday, June 2.

The Tribunal asked all FKF Presidential candidates to converge for the meeting and find the way forward regarding the elections which are set to be conducted this year. In a letter addressed to SDT chairman John Ohaga and signed by incumbent Nick Mwendwa, the Federation has stated it will wait for Fifa's advise regarding the matter.

Mwendwa has further stated the Federation will not be part of any negotiations regarding the matter until the world football governing body makes a decision.

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Here is the letter to Ohaga, dated June 1, signed by Mwendwa and obtained by Goal.

"We refer to your Direction No. 4 dated May 28, 2020, calling upon unspecified stakeholders to participate in a virtual roundtable discussion on Tuesday, June 2, 2020, from 2.30 pm. 

"Football Kenya Federation has considered the said direction in view of the contestations that have taken place before the Tribunal since early October last year when the so-called challengers began their challenge by mounting a spirited attempt to halt the Federation’s Annual General Meeting which was slated for October 5, 2019, and resting with the Tribunal’s decision of March 17, 2020, wherein the Tribunal rendered itself regarding the dispute between parties. 

"The Federation is of the considered view that this contest between it and the challengers has gone full circle through a heavily contested litigious and adversarial process which culminated with the Tribunal’s decision of March 17, 2020. 

"Furthermore, the Tribunal’s decision of March 17, 2020 made no positive order directing or requiring the Federation to undertake any process(es) or to perform any act. Consequently, any process to be initiated or undertaken under section 59 of the Sports Act would essentially be a mediation process coming after a hotly contested adversarial litigation process rather than at the beginning of the contest.

"Ideally, a mediation process is party-driven and voluntary. Usually, negotiations in mediation are undertaken before an impartial and neutral third party without decision-making powers. In any event, the stakeholders of football in Kenya comprise of many other parties and entities outside these proceedings. 

"Moreover, the Tribunal requested Fifa to consider installing a normalization committee for the purpose of inter alia, holding the elections of the FKF. The Tribunal is well aware of the position taken by Fifa on its request to Fifa and by dint of Article 14 (1) (a) of the Fifa Statute, the Federation is duty-bound to comply with the directives already taken and communicated by Fifa to the Tribunal via its letters dated March 25, 2020, and April 6, 2020 copies of which the Federation has already forwarded to you in a previous communication. 

"Therefore, following that communication by Fifa and bearing in mind that Fifa is expected to communicate a way forward to the federation after the Covid-19 pandemic is contained and/or is over, FKF will await Fifa’s direction and communication on how FKF will conclude its elections and which communication will be shared with the Tribunal. 

"Subsequently, we are unable to engage the Tribunal on the discussion slated for tomorrow or any day thereafter on account of the foregoing."

Veteran administrator Sam Nyamweya, former Cecafa Secretary-General Nicholas Musonye, Gor Mahia CEO Omondi Aduda and former FKF Deputy CEO Herbert Mwachiro are expected to attend.

The quartet will be battling the incumbent for the FKF top seat.

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