*Undated
FKF Presidential Aspirant Twaha Mbarak hasn't shied off to call out FKF Officials over unlawful behaviour even after the court's incumbent measures and a placement of a committee to take over football running duties.
Through a stern letter, Mbarak has noted how the officials have stepped out of their boundaries significantly to call for a meeting deemed to be unlawful.
"It is with profound shock that former FKF branch officials purport to have legitimacy a month after the Football Kenya Federation was disbanded under Section 54 of the Sports Act 2013. In reaching this decision, the Cabinet Secretary for Sports Amb Amina Mohamed relied on an inspection lawfully conducted in accordance with Section 52 of the Sports Act 2021, " the letter began.
"Among the recommendations on the damaging findings on FKF football structure and its form were that;
a) 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
b) The current officials of FKF to be removed from office to pave way for further investigations pending conclusion.
c) A special audit of the books of accounts of FKF be carried out and subsequent frequent future audits.
It is, therefore, shocking that the former FKF Branch officials would purport to call for a Special General Meeting (SGM) when they don’t exist legally as the Sports Registrar’s office found through the Inspection conducted in October this year."
"By purporting to call for an SGM, the said officials are still exhibiting the arrogance and impunity towards established Kenyan Law and the Cabinet Secretary’s lawful action to disband FKF.
Amb Amina’s lawful order was clear, spelling out several key decisions in forming the FKF Caretaker Committee to; (i) Ensure that Football Federation of Kenya is in compliance with the Sports Act (2013) and to (ii) Coordinate and ensure smooth running of FKF’s operations including team preparations of all local and international sporting events.
The said officials lack the legal status to operate as FKF officials having been notified the Sports Registrar via a letter (Ref No: SR/ADM/41(107)) dated October 15, 2020 that they had failed to adhere to Paragraph 20 (2) (f) of Registrar’s regulations to ensure that the nominated candidates obtain clearance from the Directorate of Criminal Investigation (DCI), Ethics and Anti-Corruption Commission (EACC) the Credit Reference Bureau (CRB) and the Higher Education Loans Board (HELB). This was not done.
The Sports Registrar also noted that most of the Counties that participated in FKF’s fraudulent elections to elect county officials had not been registered by my office by September 19, 2020, therefore flouting sections 46 (1) of the Sports Act (Revised Edition 2013) which states that- 'A body shall not operate as a Sports Organization unless it is registered under this Act'.
In view of this, the said officials should stop forthwith from insulting Kenyan institutions and lawful actions by State agencies."