In a letter dated May 25th, FIFA further reinstated acting secretary general Dennis Gicheru and NEC member Abdulahi Yusuf Ibrahim.
The dispute began after a section of FKF National Executive Members (NEC) members reportedly led by McDonald Mariga suspended Hussein Mohamed over a KSh42 million procurement controversy.
FIFA ruled that forcing an official to step aside is legally a provisional suspension. Under Article 41 of the FKF Constitution, such a move required proper notice, an established agenda, and, most importantly, affording Hussein the right to be heard, none of which were followed.
FIFA warned that executing leadership changes outside of statutory frameworks undermines the stability of the federation. It explicitly noted that the individual NEC members responsible for this breach could face potential disciplinary measures.
Huge blow for Mariga & co
"On this basis, and without prejudice to any assessment of the underlying issues themselves, FIFA is not in a position to recognise decisions taken by certain members of the National Executive Committee that were not adopted in full compliance with Article 41 and the related procedural provisions of the FKF constitution,” read part of the letter from FIFA Chief Member Associations Officer Elkhan Mammadov.
“Actions taken outside the clearly defined statutory framework cannot produce valid legal effects within the association.”
The statement from FIFA continued: “In particular, the information and documentation provided do not demonstrate that the applicable procedural requirements were respected. FIFA therefore, categorically rejects the procedure that has been followed in this matter.
“Any measure requiring an official to ‘step aside’, when imposed as a mandatory act rather than undertaken voluntarily, can only be understood as a form of provisional suspension within the meaning of Article 41 of the FKF Constitution.
“As such, it must strictly comply with the substantive and procedural safeguards expressly stipulated therein.
“These requirements are neither discretionary nor optional; they constitute fundamental guarantees of due process, legality and institutional integrity and cannot be set aside by reference to alternative practices or extraordinary considerations.”
The statement concluded: “Having carefully considered the information, documentation and explanations submitted, we deem it necessary to recall the relevant provisions of the FKF Constitution governing such situations.”
FKF welcomes FIFA decision
In a quick rejoinder, FKF welcomed the decision by FIFA and reaffirmed the importance of strict adherence to the FKF constitution and established governance procedures in matters relating to the administration and leadership of the Federation.
“The Federation takes note of FIFA’s emphasis on institutional stability, due process, restraint, and the need for all football stakeholders to operate within the recognised constitutional framework at all times,” added FKF statement.
“FKF remains fully operational and committed to upholding the principles of good governance, constitutional order, transparency, and institutional integrity in the management of football in Kenya.”
The FKF statement added: “The Federation also welcomes FIFA’s guidance and commits to safeguarding the stability, credibility, and proper functioning of Kenyan football, particularly during the important period for the game both locally, and internationally.”
The statement concluded: “FKF will continue to work within its constitutional structures and in cooperation with FIFA and CAF to ensure continuity across all football activities and programmes.”
Mohammed was urged to step aside following allegations of misappropriation of approximately Sh42 million from CHAN-related funds, according to resolutions passed by the federation’s National Executive Committee (NEC) on April 24th.
The NEC resolved that Mohammed step aside with immediate effect to allow for investigations by relevant local and international bodies.
Alongside him, nominated NEC member Abdullahi Yussuf Ibrahim and Acting General Secretary Dennis Gicheru were also directed to relinquish their roles pending the outcome of the probe.
