Kenya Police managed to avert a possible attack on journalist Milton Nyakundi, who has been at the forefront of calling for an audit of financial probity at the troubled Football Kenya Federation (FKF).
The suspected goons tried to gain entry to a Press Conference convened by the journalist on Sunday, to push for a multi-agency inspection of FKF’s finances. The hirelings arrived at the Ngong Hills Hotel along Ngong Road, Nairobi, causing a commotion as they sought to engage Nyakundi.
The Police, however, arrived in time to secure the journalist’s safety together with the hotel security. “I would like to commend the Police and hotel security for their quick response. That somebody sent the goons or even that they did it on their own tells you of something fishy in our game,” he said. “I am not shaken at all to offer my voice for the good of the game. If nobody will speak on the rot in our game, which should be gainfully employing the youth, including these goons then I will,” Nyakundi said.
The journalist was the third respondent in a case that FKF had filed a case at the High Court of Kenya seeking to stop the Directorate of Criminal Investigations’ Banking Fraud unit from investigating it. The High Court, however, ruled on Thursday that the DCI had the constitutional right to investigate the troubled football body. Following the ruling, the Sports Cabinet Secretary Amb Amina Mohamed also directed the Sports Registrar to inspect the FKF books in accordance with Section 52(1) of the Sports Act (2013).
Nyakundi agrees with the directive but insists it should be a multi-agency exercise claiming that he had unearthed financial transactions that would interest KRA, the DCI, EACC and the Public Procurement Oversight Authority as well as the Auditor-General. “Without these agencies and the civil society, the intricate nature of the transactions could remain buried for good. Kenyans must demand for a multi-agency approach,” Nyakundi said.
In a statement Nyakundi pointed out: "Nick Mwendwa has today sent goons to disrupt my press conference but the Supreme will of the people and the rule of law has prevailed. Shame on you, and your hatchet boy Ronnie Oyando for propagating this in this age and time. Face me instead of taking advantage of those Kariobangi and Makongeni youths. I am willing to engage you in a debate and deconstruct your lies on national television and give evidence of how you have plundered FKF money. Thank you OCS Kilimani for the quick response that made it possible for me to address the media."
Nyakundi went on to full details in his press brief:
"In early 2020, I agonised deeply about what further role I was going to play in the development of football in Kenya and this was a result of the fact that after several years of writing and talking about the game in Kenya, a lot remained unchanged. For the preceding two years, I had written extensively and vocally expressed myself on the mismanagement of the game by the powers that be at the Football Kenya Federation and I sounded like a broken record, a mad man of the market whose actions could amount to nought.
I had been called names, threatened and even cajoled.
Most of our colleague journalists were quiet as the FKF leadership steadily presided over anarchy in total disregard for the rule of law and impunity as though they were beyond reproach like Caesar’s wife. Yet I saw the opportunity to make my contribution substantive enough when the Sports Disputes Tribunal invited the public to participate in SDT No. 3 of 2015 and so my participation in the affairs of FKF started, albeit amidst a lot of opposition.
As they say, the rest is history and everyone is familiar with the story and what has transpired over the course of time. But I wish to point out to important milestones in that period and which are very significant to why we are here this morning – on 10th June 2020 when I wrote to Sports Registrar Rose Wasike petitioning her to invoke Section 52 of the Sports Act and order for an inspection on the affairs of FKF and I detailed the scope of the audit. That letter was copied to the Cabinet Secretary.
The second matter relates to a letter I wrote to the Banking Fraud Investigations Unit flagging fictitious transactions at the Federation. That led us to the High Court matter (HCCPET/311/2020) whose verdict was delivered by Justice James Makau on Thursday, 14th October 2020. For the record, I was sued (as the third respondent) alongside the Directorate of Criminal Investigations and the Director of Public Prosecutions.
May I now get to the gist of why we are here this morning.
I wish to state the following:
1. The Football fraternity salutes the judiciary and Hon. Justice Makau for demonstrating once again that it is independent and that justice is our shield regardless of who is involved.
2. I salute the government which is finally taking action through the Cabinet Secretary and the Principal Secretary as demonstrated by the decision to direct the Sports Registrar to undertake a lawful audit on the affairs of the FKF, which audit I believe will unearth the rot and malfeasance at Kandanda House.
3. In undertaking the audit, the Sports Registrar should make it a multi-agency exercise involving the Directorate of Criminal Investigations, the Ethics and Anti-Corruption Commission, the Auditor General, Kenya Revenue Authority and even the Public Procurement Oversight Authority. This is necessary because exchequer money has been expended by the FKF without adhering to the public finance management laws and regulations.
4. The process of auditing the FKF must involve observer groups including the civil society and the Football stakeholders as a marker for transparency and openness because there is legitimate apprehension by a section of stakeholders that Mr Nick Mwendwa, aware of how deep the rot goes, will try to manipulate the process as an attempt to sanitise himself.
5. The leadership of the federation, namely the president, the CEO and the entire National Executive Committee must step aside for the duration of the audit so that they do not interfere with the process because you cannot preside over your own case. This is a long-held principle of integrity that has been common in our country and if Cabinet Secretaries and heads of parastatals implicated in scandals or have faced similar probes have previously vacated office then so it must for the FKF.
6. The letter authored by Mr Barry Otieno to the effect that they will continue being in office is contemptuous to the integrity of the Kenyan people and must be treated as of no consequence to the process, which is not in the hands of the FKF
7. FIFA must not interfere with this process because, they themselves, having subjected themselves to a public audit, are subject to the Swiss Laws as the FKF must be to Kenyan laws. I urge that the government and the world-governing body engage with an open mind with a view to reviving Kenyan football and bringing to justice those who have brought it into disrepute.
8. I will not relent in the quest to have total reforms in the Football structures in this country for the sake of the millions of Kenyan youth whose talents are being wasted on the altar of bad leadership and poor governance by those supposed to nurture them.
In conclusion, this is nothing personal but all in the public interest and for the good of our football.
Dated 17th October 2021
Milton Nyakundi. "