Just when we thought Kenyan football was on the up following the successful start to the 2008 KPL season, the screening of some KPL matches on satellite TV all over Africa as well as the professional running of the game in general, those brilliant rocket scientists who treated us to many scintilating episodes of the original Kenyan Football Farce are back. This time the stakes are much higher, the stage is bigger and its no surprise it has been labelled THE KENYAN FOOTBALL FARCE- RELOADED. Here is the chronology of events to date.
HIGH COURT GIVES NYAMWEYA GREENLIGHT TO RUN KFF
info Courtesy of Kenya Football ( http://www.kenyafootball.com)
The High Court on Thursday 15th May 2008 approved the Kenya Football Federation (KFF) Sam Nyamweya led faction as the bonafide federation officials.
Justice Hatari Waweru ruled the Nyamweya team were the duly elected KFF officials and termed the rival faction led by Mohammed Hatimy as strangers.
Waweru said granting the Hatimy (pictured) group to run the affairs of KFF may do irreparable harm to the federation because he was satisfied they were illegally in office.
The Judge said Hatimy failed to mount a challenge to the registration and positions of Nyamweya faction by filing a replying affidavit.
“Nyamweya had proved that they were the bonafide KFF officials with a supporting affidavit of a letter addressed to him as chairman by the Senior Deputy Registrar dated August 20, 2007,” said the judge.
Nyamweya who is the registered KFF chairman had sought court orders to restrain the the rival group chaired by Hatimy who is recognized by the world governing body Fifa from transacting the federation’s affairs.
Nyamweya has sought court redress to bar Hatimy from convening any KFF meeting, discussing, deliberating, passing and adopting any resolution and communicating to any person as officials of the federation.
Hatimy argued that the application was incompetent, that the court lacks jurisdiction to hear the application, the suit is not proper, they were not properly served with sermons and that the application was an abuse of office.
Waweru dismissed them and said they failed to prove that the suit was incompetent and that the court lacks jurisdiction to hear the application.
The judge said courts had jurisdiction to hear the matter and the service of summons to enter appearance for the Hatimy group were still valid as they lasted till September 11 from September 12 the day they were issued.
Nyamweya was given orders to file within five days of the delivery of the ruling for damages and costs of the case.
GOVERNMENT BACKS NYAMWEYA
info Courtesy of Kenya Football (http://www.kenyafootball.com)
The Government will respect the High court ruling in which the Kenya Football Federation (KFF) led by Chairman Mohamed Hatimy was barred from running the Federation.
Sports Minister Hon. Dr. Helen Sambili told the Press last night in her office that the ministry has put on hold unveiling the plans it had in revamping football following the High court ruling delivered yesterday. We now need to study the ruling to see if it has any impact or effect on the actions we were going to announce.
She said once that has been done, the ministry will make an announcement on the roadmap the Government was proposing to resolve all the disputes and revive football in Kenya.
High court Justice Hatari Waweru yesterday mandated the Sam Nyamweya group which is recognized by the Government, was the bona fide office bearers of the federation.
Justice Waweru ruled in Nyamweya’s favour, after the former KFF secretary first vice Chairman Twaha Mohamed, and third vice Chairman Peter Ochiel went to court seeking the removal of the Hatimy group saying they were in office illegally. Waweru further noted that the defendants (Hatimy group) were illegally and wrongfully constituted themselves as officials of KFF.
The minister said her ministry was deeply committed to the revival, development and expansion of the sport. We especially want to encourage community based football clubs who take football to the grassroots. Such clubs will facilitate the tapping of talent across the country, and amongst the youth. She noted.
The minister was flanked by the ministry permanent secretary Kinuthia Murugu and Secretary of Sports Daniel Maanzo. She appealed to all concerned parties to put the interest of the game, the players, fans and the country above all. By doing so, the minister added, ‘we can adequately prepare and make Kenya proud in 2010’
She said once all the football differences are sorted out, the ministry will come out fully and support football in the country. Noting that Kenya football lies with community based clubs, Sambili who appeared jovial said she was ready and prepared to meet both Football factions led by Nyamweya and Hatimy.
I am ready to meet both factions even tomorrow and come up with a lasting solution but let me study the High court ruling that is supreme in all aspects. I don’t want to put myself in trouble. Otherwise I welcome ideas and solutions that can help us. My office is open for good suggestions because we want to develop the game.
“I have good intentions for our teams” Observed Sambili.
THE KPL APPEALi
info Courtesy of Kenya Football( http://www.kenyafootball.com)
The National Executive Committee of the Kenyan Premier League Ltd (KPL) and the Kenyan Football Referees Association (KEFORA) appeal to the government to finally end the charade perpetuated by Sam Nyamweya (pictured) and his few associates who pretend to be duly elected officials of the Kenya Football Federation (KFF).
It is a sad and easily verifiable fact that the government and public have been seriously misinformed and misled by Nyamweya and his few associates. The true facts are that the KFF held an Annual General Meeting (AGM) on May 19, 2007 in Malindi in full compliance with the requirements of Articles 20-28 of the KFF Constitution. That KFF AGM was also attended by two FIFA representatives who monitored and confirmed the registration of legitimate delegates and the proceedings.
The only eligible and legitimate delegates were those elected at the last KFF elections supervised by FIFA in December 2004. Under Article 22 of the KFF Constitution the 16 KFF Branches are entitled to ten voting delegates each and KPL is entitled to five voting delegates for a total of 165 voting delegates.
As confirmed by the FIFA and KPL representatives and carefully recorded by name in the official records, that KFF AGM was attended by 120 legitimate voting delegates which is well beyond the minimum 50% quorum (83 delegates) required in Article 23 of the KFF Constitution.
It is mathematically and physically impossible for Sam Nyamweya and his associates to have had more than 45 legitimate delegates at their parallel meeting in Nairobi on exactly the same day as the legitimate KFF AGM in Malindi.
The legitimate KFF AGM in Malindi made a series of important decisions, including the ratification of Mohamed Hatimy as the KFF National Chairman as well as the expulsion of Sam Nyamweya and suspension of 13 former KFF officials, some of whom are now associated with him. The decisions and suspensions by the legitimate KFF AGM in Malindi were fully supported by the KPL and by FIFA.
On Saturday, August 18, 2007 the Nyamweya group held another meeting in government facilities and elected Nyamweya as their new chairman. On Monday (August 20) they applied to the Registrar-General and were registered later the same day.
In granting that same day registration, the Registrar’s office evidently failed to carry out a due diligence review of the facts and apparently did not follow the proper procedures set out in the Societies Act.
FIFA responded immediately in a public statement and emphasized that “the KFF chaired by Mr. Hatimy is recognized at the international level and at the national level, in particular by the KPL and Nationwide League. It is the only entity in Kenya eligible to register national teams, clubs, referees and match officials in Kenya for international duties”.
However, some journalists then unfortunately fuelled the fires by referring to the “FIFA-backed” and “government-backed” KFF even though it is questionable if a hasty and irregular registration by a few public servants in the Registrar’s office constitutes full government backing. Moreover, the KFF is a membership organization whose officials are supposed to serve the best interests of its member clubs. We do not know of any active and reputable football clubs in our country who support Nyamweya.
As a consequence of the selfish and unpatriotic actions of Nyamweya and his group, Kenya now risks another FIFA ban and exclusion from the qualifying matches for the first FIFA World Cup to be held in Africa. That will not only kill the careers and dreams of many talented players and the hopes of millions of fans, it will also seriously damage the international sporting reputation of our country. Sam Nyamweya already mismanaged and killed the Shabana football club which declined and collapsed under his chairmanship. He must not be allowed to now kill Kenyan football as well.
As the future of our sport as well as the national and international reputation of our new government is now at stake, we urgently appeal to the government to finally end this sad and dangerous charade perpetuated by Nyamweya and a few suspended KFF officials and to avoid another ban by respecting the recent letter sent by FIFA.
Then and only then will our talented players get a fighting chance to try their best to qualify for the 2010 FIFA World Cup in South Africa and also contribute to the crucial national healing and reconciliation process in our country.
FIFA WARNS WARRING KENYAN FACTIONS
info Courtesy of Kenya Football (http://www.kenyafootball.com)
World Governing Body has sent out a stern warning to the Government of Kenya, over the recent court ruling by High Court Judge Justice Hatari Waweru, which sought to have Sam Nyamweya recognized as the bonafide KFF chairman.
In the warning letter written by Jerome Valcke and copied to CAF and Cecafa secretary generals, FIFA has the decision by the High Court represents a severe violation of FIFA statutes on various grounds.
“The registration of the Nyamweya was orchestrated by the former Minister (Maina Kamanda) and other governmental sports institutions to maintain control over Kenyan Football, and was motivated by the refusal of these authorities to accept FIFA’s decision on recognition of the KFF leadership, as well as the decisions reached by the KFF AGM held last year in Malindi, in particlular, the expulsion of Sam Nyamweya,” Mr. Valcke said in his letter.
“This suspensions/expulsions were based on the role played by these individuals (read Sam Nyamweya and Peter Ochiel) to modify the sport results obtained by their clubs in order to save them from relegation, a structure body or institution which cannot be accepted,” the letter proceeded.
“FIFA would like to request all Kenyan football stakeholders not to accept the above-mentioned court decision which violated international principles, and to respect FIFA’s decision in like with FIFA statutes,” said Mr. Valcke.
FIFA went ahead and ordered the Hatimy team to contact the newly formed Government authorities to instruct the Registrar’s office to correct the registration of Nyamweya, within 72 Hours.
“In absence of a swift reaction by these authorities to stop this blatant interference in football internal affairs, FIFA will have to consider its options in line with FIFA statutes, considering that these latest events jeopardize the organization of the forthcoming FIFA 2010 WorldCup and CAF ACN 2010 qualifying matches scheduled to be played in the months of May and June,” added the terse letter.
The letter was copied to the football associations of Guinea, Namibia and Zimbabwe, Kenya’s opponents, to inform them of the situation and to instruct them to disregard any correspondence from Nyamweya.
MINISTER MEETS WARRING KFF FACTIONS
Info Courtesy of Kenya Football (http://www.kenyafootball.com)
THE Government today stepped in to avert a possible ban by the World Governing soccer body Fifa by holding talks with the two warring soccer factions.
Sports Minister Hellen Sambili had a hectic time when she met both the Kenya Football Federation (KFF) warring factions – one led by Sam Nyamweya and Mohamed Hatimy. The minister was forced to plunge into action after FIFA gave Kenya a 72-hours ultimatum to put their house in order in line with the decisions taken by the football community.
The Fifa letter directed Fifa backed KFF to immediately and officially contact the newly formed Government authorities to instruct the registrar’ s office to correct within 72 hours, the registration of the KFF Leadership in line with the decisions taken by the football community during last years FIFA-backed Malindi AGM.
The FIFA letter further requested KFF to contact the Governmental authorities to protect the federation’s headquarters based at the goal-project at Kasarani, which has been build through FIFA funds. The letter signed by secretary General Jerome Valcke threatened to consider all its options in line with Fifa statutes, ‘”considering that these latest events jeopardize the organization of the forthcoming Fifa 2010 world cup and CAF 2010 qualifying matches.”
MAIK’S TAKE ON THINGS
It is indeed a great pity that while all this posturing by the various warring factions iis going on, the Harambee Stars are due to kick off their 2010 World Cup/ Africa Cup of Nations campaign with four qualifiers in the month of June. The big wigs are only interested in the funds that come along with support from FIFA and other stakeholders. Nobody gives a damn about player welfare.I will not be surprised if the players stage their now common sit ins demanding this or that allowance.
Kenyan football has long been characterized by such battles for supremacy. The people who want to “run” or in my opinion ruin the beautiful game are megalomaniacs. They want power at all costs. This is unacceptable.
The Kenyan game will continue to suffer as long as these inept, corrupt, power hungry, selfish individuals have their way. Kenyan football deserves proper, honest and professional management. Kenyan legislators must look beyond their bellies and immediately enact the sports policy into law, doing so will put an end to such malicious, juvenile antics that our sports adminnistrators are putting us through. Sadly, we currently have to contend with the latest DVD installment of THE KENYAN FOOTBALL FARCE-RELOADED.
