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Fkf Caretaker Committee Hands Over Report To Sports Cs After The Expiry of their Mandate

Cabinet Secretary for Sports ambassador Amina Mohammed has received the report by the Caretaker Committee on the measures to improve the game of football in the country.

Six months after their appointment to take over football management after the disbandment of the Football Kenya Federation the committee chaired by retired judge Aaron Ringera presented a raft of measures to Sports CS hoping the they will improve the status of football in the country.

Below is the summary of the report

The Football Kenya Federation (FKF) Caretaker Committee was appointed by the Cabinet Secretary, Ministry of Sports, Culture and Heritage on 11th November, 2021 for a period of Six (6) months pursuant to the provisions of Section 54 of the Sports Act2013.

Its mandate was:

a) To conduct all the affairs of FKF in accordance with the Constitution of Football Kenya Federation;

b) To ensure that FKF operates within the provisions of the Sports Act, 2013;

c) to co-ordinate and ensure the smooth running of FKF operations including team preparations for all local and international sporting events;

d) To co-ordinate the elections of officials of FKF in accordance with the Sports Act, 2013, and Sports Registrar Regulations, 2016; and E) to hand over the management of FKF to the newly elected officials after the election.

Problem Statement

The Committee perused the Inspection report presented to the Cabinet Secretary in line with the provisions of Section 52(1) of the Sports Act in which the Cabinet Secretary issued a directive to the Registrar to undertake inspection of the FKF following the complaints and deterioration of football management in Kenya.

The findings of the Inspection Committee were as follows

i. Opening of many unauthorized FKF bank accounts;

ii. Unauthorized and fictitious withdrawals and transfers of monies from FKF Bank accounts to individual accounts of the outgoing officials of FKF and unknown person.

iii. Abuse of office by the removed officials of FKF and written confession of the FKF CEO that FKF is a private entity and is subjective to FIFA Statutes and not Kenyan laws.

The recommendations of the Inspection Committee were as follows: –

i. DCI, NIS and EACC carry out further investigation to establish the extent to which the misappropriation of funds in FKF may have occurred with a view of prosecuting those who may be found culpable.

ii. The current officials of FKF are removed from office to pave way for further investigations pending conclusion.

iii. A Caretaker Committee is appointed to manage the affairs of FKF for a period not exceeding 6 months.

iv. A special audit of the books of accounts of FKF be carried out and subsequent frequent future audits.

v. The government of Kenya should invoke Article 17 and 58 of the FIFA Code of Ethics (2020 edition) by informing FIFA Secretariat

Vi. Investigation Chamber on the outcome of the Inspection.

vii. No bank account should be opened by FKF henceforth unless authorized by the Principal Secretary within the six-month period the caretaker committee will be in place.

Viii. The Ministry of Sports culture and Heritage and the Sports, Arts and Social Development Fund not to release any funds to FKF unless and until the previous funds are fully accounted for.

ix. The Government to continue its public sensitization program through the Registrar’s office to enable members of the public, sports organizations, professional sports bodies, persons and officials to be well versed with Sports Act and all the other relevant laws.

Summary of the Activities of the Committee

The FKF Caretaker Committee pursuant to its mandate commenced its operations on the 12th November 2021 through its standing committees. The Committee also set up its offices at the Nyayo National Stadium through its Secretariat where business wasconducted.

The following are the key achievements of the Committee:

Football Leagues:

The Committee suspended all leagues for two (2) weeks to allow for harmonization of the leagues.

The Committee after meeting the clubs and stakeholders resumed the leagues and resolved the following issues:

a) Provided financial grants to KPL, WPL, NSL, Division One (Men and Women) on a monthly basis.

b) Payment of referees and match officials involved in the running of the leagues.

c) Automation and digitization of the Leagues and availing of all fixtures on a digital platform accessible through the FKF Caretaker web portal.

d) Adjudication of disputes between players, clubs and stakeholders in the football sphere.

e) Conducting Physical Endurance Tests (PET) for Referees.

f) Availing Manuals for Ambulances and other medical information to support the leagues and clubs.

g) Adoption of a security manual that complies with FIFA Security guidelines and shared it with the National Police Service

h) Provision of Security through the National Police Service and private security firms during matches played in the various leagues.

The committee also inspected various football grounds and approved their use in accordance with the required standards.

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i) Facilitation of player Transfers and Registration for both local and International leagues.

Club Compliance and Registration

The FKF Caretaker Committee conducted sensitization programmes to all football stakeholders and facilitated clubs to comply with the Sports Act 2013 by linking them with the Sports Registrar and providing them with the relevant information to enable them comply.

Women National Football Team (Harambee Starlets)

The Caretaker Committee appointed the Head coach of the Women’s National team, Harambee starlets, Mr. Alex Alumira, assisted by two female Assistant Coaches Anne Aluoch and Benta Achieng.

 The Committee hosted the team in residential camp from 26th January, 2022 to 16th February 2022 in preparation for the AWCON championships that had been scheduled to be held in Uganda on 17th February, 2022. The match did not take place because of a letter written by the General Secretary of the FKF to CAF indicating the inability of FKF to organise the match.

Legal Matters

The Committee handled the following cases that were instituted in the course of their Term:

a) High Court

i) Constitutional Petition No E473 of 2021: FKF versus Cabinet Secretary, FKF Caretaker Committee and 3 others.

ii) Constitutional Petition No. E002 of 2021: Robert Kenneth Wanyoike versus Cabinet Secretary and 2 others.

iii) Judicial Review Misc E196 OF 2021: Kenneth Kiprop versus Chairman FKF Caretaker Committee and 112 Others

iv) Judicial Review Application No. E025 of 2021: Sofa Paka FC versus Chairman FKF Caretaker Committee and 2 Others (Employment and Labour Court)

v) Judicial Review Application No. E025 of 2022 – Young Boys Fc versus Ali Amour &5 others.

b) Sports Tribunal

i) Sdtsc No. E001 OF 2022: Fortune Ladies FC versus Ali Amour (Sued as the Chairperson of the FKF Caretaker Leagues & Competitions Committee) and 2 Others.

ii) Sdtsc No. E002 OF 2022: Young Boys FC versus Ali Amour (Sued as the Chairperson of the FKF Caretaker Leagues & Competitions Committee) and 2 Others.

iii) Sdtsc No. E003 OF 2022: Muhoroni Young versus Ali Amour (Sued as the

Chairperson of the FKF Caretaker Leagues & Competitions Committee) and 2 Others.

iv) Sdtsc No. E016 OF 2022: James Boro Kamau versus Justice Aaron Ringera (Rtd.)

(Sued as the Chairperson of FKF Caretaker Committee) and 2 Others

v) Sdtsc No. E014 OF 2022: Gor Mahia FC versus FKF Caretaker Committee and Others

vi) Sdtsc No. E012 OF 2022: Nyamira Titans Football Club Vs Chairman FKF Caretaker

Committee & 3 Others

FKF Constitution Amendment Process

The process of review of the FKF Constitution commenced during a retreat held by the Committee on the 28th to 31st January 2022 in Naivasha. The Caretaker Committee invited stakeholders including clubs participating in the top 5 tier leagues, referee’s association, player’s association, county associations, members of FKF and the general public to submit their input on the draft constitution through physical meetings across the country. Further, the general public was given an opportunity to provide their views through a link on the Caretaker Committee’s website as notified via newspaper advertisements.

Recommendations of the Committee

The Committee after undertaking its mandate, makes the following recommendations for consideration and adoption:

a) That the FKF Constitution be amended to comply with the Constitution of Kenya and the Sports Act. The Committee has developed a Draft Constitution annexed to this report which we recommend be shared with FIFA and subject to its concurrence, be subjected to a validation process by members of FKF and adopted by the General Assembly as the amended Constitution of FKF.

b) That following the adoption and enactment of the FKF Constitution, Elections of the FKF officials be conducted in compliance with the Constitution of Kenya, the Sports Act and the new FKF Constitution.

c) That the FKF hands over the running of the leagues to a Limited Company for efficient and effective running of the leagues.

d) That the Ministry of Sports, Heritage and Culture adopts the report contained herein on the commercialization of football as a sport including the appointment of a Director of Football who is to be a government employee.

e) That the Sports Registrar and FKF work in harmony to ensure that clubs and branches comply with the provisions of Section 46 of the Sports Act and the FIFA club licensing rules on registration. The committee noted that the current branches of the federation are not compliant with the Sports Act whereas the County Football Associations are compliant with the Sports Act but are not members of the Federation. There is need to harmonise this by the Sports Registrar working with the Federation to ensure that only one body per county is running football and that the said body is recognized by the federation and is compliant with the Sports Act.

f) That the FKF adopts a more transparent and accountable governance system that involves disclosure of information including its sources of funding(FIFA, donors, Government etc) to its members and that these funds be utilized for nurturing/development of sports and towards infrastructure development.

g) That the FKF digitalizes its processes by adopting an Enterprise Resource Planning(ERP) system including the appointment of referees, fixtures, training calendars, online ticketing, introduction of artificial intelligence cameras in the football grounds and introduction of analytic experts.

h) That the FKF conducts regular workshops for players, club medics and referees to promote awareness on sports science including nutrition, anti-doping, injuriesand treatment as well as endorse the importance of medical insurance for all players.

i) That FKF ensures that all leagues currently being played by men are also introduced for women players.

These leagues include NSL and DIV 2. Further that the FKF introduces leagues for under 13, 15 and 17 for both boys and girls in liaison with the Primary and Secondary Schools Sports Association.

j) That the government ensures that all sports facilities that are used for football meet international standards as stipulated by CAF and FIFA.

k) That the appointments of Coaches, technical persons and match officials be on clear contract terms.

l) That FKF introduces beach and futsal leagues