This archive report was first published on 25 October 2019.
Kenya's football future hangs in the balance as the country faces a possible suspension and sanctions from FIFA. The threat comes after a third party challenged the composition of the Football Kenya Federation Election Board and the Electoral Code in the High Court in Nairobi.
According to FIFA statutes, recourse to ordinary courts of law is prohibited unless specifically mentioned in its regulations. However, a case filed by George Mwaura at the High Court seeks to stop the forthcoming elections slated for December 7 until the two issues are addressed.
The petitioner has questioned the legitimacy of the Election Board chairman Edwin Wamukoya and member Elynah Shiveka. Wamukoya is a member of FKF's Club Licensing Committee, while Shiveka sits on the Sports Disputes Tribunal (SDT).
On October 19, FKF Acting Secretary General Barry Otieno informed FIFA about the recent surge of court cases, which has attracted the attention of the Zurich-based body. In a letter dated October 23, FIFA warned of dire consequences, including a possible suspension, if their statutes are violated.
Article 69 of the FKF Statutes states that disputes within the federation or affecting its members should not be submitted to ordinary courts unless specifically provided for in FIFA regulations or binding legal provisions. FIFA considers this article in line with its core principle of prohibiting recourse to ordinary courts of law unless specifically foreseen.
Kenya's football teams may not participate in FIFA and CAF sanctioned tournaments, including Africa Cup of Nations and World Cup qualifiers, if the suspension is imposed.
